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South Africa

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As a geographical unit South Africa is usually held to be that part of the continent south of the middle course of the Zambezi. The present article (1) deals with that part of Africa as a whole, (2) outlines the constitution of the British possessions forming the Union of South Africa, and (3) summarizes the history of the country from the time of its discovery by Europeans.

I.-General Features In the geographical sense stated South Africa lies between 16° and 35° S. and 12° and 36° E., narrows from 1600 m. from west to east along its northern border to some 600 m. of coast facing south. Its greatest length south-west to north-east is also about 1600 m. It has an area of about 1,333,000 sq. m. It comprises the Union of South Africa (i.e. the provinces of the Cape of Good Hope, Natal, with Zululand, the Orange Free State and the Transvaal); Basutoland, Bechuanaland, Swaziland and Southern Rhodesia, all British possessions; German South-West Africa, and the southern part of Portuguese East Africa. By some writers Northern Rhodesia is included in South Africa, but that district belongs more accurately to the central portion of the continent. Other writers confine the term to the British possessions south of the Zambezi, but in this case British South Africa is the proper designation. South African standard time, adopted in 1903, is that of 30° E., or two hours in advance of Greenwich.

1 Physical Features

2 Climate

3 Flora and Fauna

4 Inhabitants

5 Irrigation

6 Commerce

7 Religion

8 Language

9 Provincial Adnsinistration

Physical Features

There is a marked uniformity in physical features throughout South Africa. The coast line, from the mouth of the Kunene on the west to the delta of the Zambezi on the east, is little indented and contains only two sheltered natural harbours of any size - Saldanha Bay on the west and Delagoa Bay on the east. At Port Natal, however, the removal of the sand bar at its entrance has made available a third magnificent harbour, while at Table Bay (Cape Town) and at other places ports have been constructed. South Africa presents, however, a solid land mass without peninsulas of any size or any large islands off its coasts. Moreover, behind the low-lying coastlands, which extend in general from 50 to 250 m. inland, rise ramparts of hills shutting off the interior. This conformation of the country has been a powerful influence in determining its history and development. Here and there the mountains, which run in lines parallel to the coast, approach close to the sea, as at Table Bay. In the south-east, in the Drakensberg, they attain heights of Io,000 to Ii,000 ft., elsewhere the highest points are between 8000 and 9000 ft. They form terrace-like steps leading to a vast tableland (covering about 900,000 sq. m.) with a mean elevation of 4000 ft., the highest part of the plateau - the High Veld of the Transvaal - being fully 6000 ft. above the sea. In its southern part the plateau has a general tilt to the west, in the north it tilts eastward. This tilt determines the hydrographical system. In the south the drainage is to the Atlantic, chiefly through the Orange River, in the north to the Indian Ocean through the Zambezi, Limpopo and other streams. A large number of smaller rivers rise on the outer slopes of the mountain ramparts and flow direct to the sea. In consequence of their great slope and the intermittent supply of water the rivers - except the Zambezi - are unnavigable save for a few miles from their mouths. The central part of the interior plateau, covering some 120,000 sq. m., is arid and is known as the Kalahari Desert. The western region, both plateau and coastlands, specially that part north of the Orange, is largely semi or wholly desert, while in the Cape province the terrace lands below the interior plateau are likewise arid, as is signified by their Hottentot name karusa (Karroo). The southern and eastern coastlands, owing to different climatic conditions (see infra ) are very fertile.

The geological structure is remarkably uniform, the plateau consisting mainly of sedimentary deposits resting on crystalline rocks. The Karroo system (sandstones and marls) covers immense areas (see Africa, § Geology). Intrusive dikes - locally known as ironstone - by preventing erosion are often the cause of the flat-topped hills which are a common feature of the landscape. The Witwatersrand series of the Transvaal includes auriferous conglomerates which have been worked since 1886 and constitute the richest gold-mines in the world. The diamondiferous areas at Kimberley and in the Pretoria district are likewise the richest known. Coal beds are widely distributed in the eastern districts while there are large copper deposits in the west, both at the Cape and in German territory.

Climate

The general characteristics of the climate are determined more by the physical conformation of the land than its proximity to the equator. The eastern escarpments (the Drakensberg, &c.) of the plateau intercept the rain-bearing winds from the Indian Ocean, so that over the greater part of the interior the rainfall is slight (5 to 24 in.). This, added to the elevation of the land, makes the climate in general dry, bracing and suitable for Europeans, notwithstanding that the northern part is within the tropics. Temperature is high, the mean yearly average lying between 60° and 70° F. Only along the south-eastern coast and in some of the river valleys is the climate of a markedly tropical character; here the rainfall rises to 50 in. a year and the coast is washed by the warm Mozambique current. The Cape peninsula and the western coast receive the cold currents from the Antarctic regions. Except in southern and western Cape Colony and along the Atlantic coast, summer is the rainy season.

Flora and Fauna

In consequence of the deficient rainfall over the greater part of the country the flora is not luxuriant and there are no large forests. Coarse grasses are the characteristic vegetation of the tableland. On the plains where grasses cannot find sufficient moisture their place is taken by " bush," composed mainly of stunted mimosas, acacias, euphorbia, wild pomegranate, bitter aloes and herbaceous plants. Forest patches are found in the kloofs and seaward sides of the mountains; willows often border the watercourses; heaths and bulbous plants are common in some areas. In the semi-tropical regions south-east of the Drakensberg, i.e. the coastlands of Natal and Portuguese East Africa, the vegetation is abundant, and mangroves, palms, baobab and bombax trees flourish. Here, and also in the upper Limpopo valley, cotton, tobacco, and rubber vines are found. Among the timber trees are species of pine, cedar, ebony, ironwood, stinkwood and sneezewood. Flowering plants include numerous species of terrestrial orchids, the socalled arum lily ( Richardia Africana ), common in low-lying moist land, and the white everlasting flower, found abundantly in some regions of Cape Colony. Of non-indigenous flora are the oak, poplar, bluegum, the Australian wattle, the vine, and almost every variety of fruit tree and European vegetables. In suitable regions tea, coffee, sugar and rice, as well as tobacco and cotton, are cultivated. In the western districts of the Cape viticulture is largely followed. The cereal most grown is maize (known in South Africa as mealies); kaffir corn, wheat, barley and oats are also largely cultivated. The soil is everywhere rich, but the lack of perennial water and the absence of irrigation works on a large scale retards agriculture. Most of the veld is divided into huge farms devoted to the rearing of cattle, sheep, goats and horses. On the Karroo are numerous ostrich farms. Lucerne is very largely grown as fodder for the cattle.

The native fauna was formerly very rich in big game, a fact sufficiently testified by the names given by the early European settlers to mountains and streams. The lion, elephant, rhinoceros, hippopotamus, giraffe, buffalo, quagga, zebra and other large animals were, however, during the 18th and 19th centuries driven out of the more southern regions (though a few elephants and buffaloes,. now carefully preserved, are still found at the Cape), the quagga being totally exterminated. In the Kalahari and in the eastern lowlands (from Zululand to the Zambezi delta) most of these animals are still found, as well as the eland, wildebeest and gemsbok. The leopard (called a tiger in South Africa) is still fairly common in all mountainous regions. Spotted hyenas and jackals are also numerous. The kudu is now the most common of the larger antelopes, the duiker and klipspringer are among the smaller antelopes still existing in large numbers. Baboons are common in some districts. Birds include the ostrich, great kori bustard, the eagle, vulture, hawk and crane, francolin, golden cuckoo, bootie, scarlet and yellow finches, kingfishers, parrots (in the eastern regions), pelicans and flamingoes. There are thirty varieties of snakes. Locusts are conspicuous among the common plagues of the country. In Rhodesia and on the east coast the tsetse fly is found and termites are widely distributed.

Inhabitants

The aborigines of South Africa are represented by the Bushmen and Hottentots, now found in any racial purity only in the Kalahari and in the southern part of German South-West Africa. All the other natives, popularly called Kaffirs, are members of the Bantu-negroid family, of whom they here form three distinct branches: (I) the Zulu-Xosas, originally confined to the south-east seaboard between Delagoa Bay and the Great Fish River, but later (19th century) spread by conquest over Gazaland, parts of the Transvaal, and Rhodesia (Matabeleland), (2) the Bechuanas, with the kindred Basutos, on the continental plateau from the Orange to the Zambezi, and ranging westwards over the Kalahari desert and the Lake. Ngami region; (3) the Ova-Herero and Ova-Mpo, confined to German South-West Africa between Walfish Bay and the Kunene River.

Area in

sq. m.

White.

Coloured.

Total.

British South Africa:

m

(Cape of Good

,

Hope.. .

Natal (with

2 7 6 ,995

579,74 1

1,830,063

2,409,804

O .

,.. a

.. fi

Zululand)

Orange Free

35,37 1

97,109

1,011,645

1, 108 ,754

o

State.. .

5 0 ,39 2

1 4 2, 6 79

2 44, 6 3 6

387,315

rL

(Transvaal. .

111,196

2 97, 2 77

97 2, 6 74

1,269,951

Southern Rhodesia .

1 4 8 ,575

12,623

600,000 1

612,623

Basutoland. .

10,293

895

347,953

348,848

Bechuanaland Pro-

tectorate... .

225,000'

1,004

119,772

120,776

Swaziland... .

6,536

898

84,586

85,484

Total British. .

864,358

1,132,226

5,211,329

6,343,555

German S.W. Africa .

322,450

7,I102

200,000 1

207,110

Portuguese East Africa

(southern part of)

145,000 1

10,000 1

1,700,000'

1,710,000

Total South Africa

1,331,808

1,149,336

7,I11, 3 29

8,260,665

All these mixed Bantu peoples are immigrants at various periods from beyond the Zambezi. The Bechuanas, who occupy by far the largest domain, and preserve the totemic tribal system, were probably the first arrivals from the north or the north-sea coastlands. As early, probably, as the 8th century A.D. Arabs had formed a settlement on the coast at Sofala, 130 m. south of the mouth of the Zambezi, but they got no further south nor do they appear to have penetrated inland, though they traded for gold and other articles with the inhabitants of the northern part of the plateau - the builders of the zimbabwes and other ruins in what is now Rhodesia (q.v.) The Asiatic inhabitants of South Africa of the present day are mainly Indian Population (1904). Estimates. 2 1907, coolies brought to Natal since 1860. The white races represented are mainly Dutch and British; colonization by European races dating from the 17th century. There are a few thousand Germans and Portuguese, chiefly in the territories belonging to their respective countries. The table on p. 464 shows the inhabitants, white and coloured, in the different territories into which South Africa is divided, and also the area of these territories.

It will be seen that the population is sparse, less than 62 persons per square mile. (Excluding the Bechuanaland Protectorate and German South-West Africa, which contain very large desert areas, the population is slightly over 7 per square mile.) In British South Africa the coloured races are nearly five times as numerous as the whites. The great majority of the coloured inhabitants are Bantus of pure blood, but the total coloured population includes in the Cape province 298,334 persons of mixed blood (chiefly white and Hottentot) and in Natal 100,918 Asiatics. Save in the German colony the official returns do not discriminate between the nationality of the white inhabitants. Those of British and Dutch origin are probably about equal in numbers, but a very large proportion of the British inhabitants live in the towns, the country population being in most districts predominantly Dutch. The chief cities are Cape Town (pop. 1904, 77, 66 8), Port Elizabeth (32,959), East London (25,220) and Kimberley (34331) in the Cape province; Durban (67,847) in Natal; Johannesburg (155,642) and Pretoria (36,839) in the Transvaal; and Bloemfontein (33,883) in the Orange Free State. Salisbury and Buluwayo are the chief towns in Southern Rhodesia. The only town of any size outside the British possession is Lourenco Marques (Pop. 1907, 9 8 49) in Delagoa Bay.

Economic Condition. - Originally regarded by Europeans merely as a convenient depot for ships on their way to India, the wealth of South Africa for long consisted in its agricultural and pastoral resources. Mealies and wheat were the principal crops. Wool, mohair and ostrich feathers were the chief exports, the only mineral exported being copper (from the Namaqualand mines). The opening up of the diamond mines at Kimberley (1870) followed (1886) by the discovery of the Witwatersrand goldfields completely revolutionized the economic situation and profoundly modified the history of the country. They led, among other things, to the improvement of ports and the building of railways, so that by the close of the first decade of the 10th century the. reproach of inaccessibility from which South Africa had suffered was no longer true. From the seaports of Cape Town, Port Elizabeth, East London, Durban, Lourenco Marques and Beira railway lines run to Kimberley, Bloemfontein, Johannesburg and Pretoria, while a trunk line extends north from Kimberley through Rhodesia (in which gold mining began on an extensive scale in 1898) and across the Zambezi below the Victoria Falls into the Congo basin, where it serves the Katanga mineral area. The distance from Cape Town to Katanga is over 2100 miles. The German territory is also provided with railways, intended eventually to link with the British systems. The standard gauge is 3 ft. 6 in. and in 1910 some 12,000 m. of railway were open. In nearly every instance the railways are state owned. While gold and diamond mining continue the greatest of South African industries other sources of wealth have been added. In the Cape, Natal and the Transvaal coal mining is largely developed; in the Transvaal and the Cape tobacco is grown extensively; sugar, tea and other tropical and sub-tropical produce are largely cultivated in Natal and the Portuguese territory, and, since 1905, mealies have become an important article of export. There are few manufactures; among the chief are the making of wine and brandy in the Cape province, and flour-milling. Cattle and mealies constitute the most valuable possessions of the natives. The imports are of a general nature, textiles and food-stuffs being the most important.

Irrigation

The scanty rainfall in many parts of South Africa and its unequal distribution necessitates a system of artificial irrigation unless much of the land be allowed to remain uncultivated. But in many regions the soil is deficient in phosphates and nitrates, and large irrigation works can be profitable only in districts where the soil is exceptionally fertile. Before 1877 little was done to make use of the water resources of the country. In that year the Cape legislature provided for the constitution of irrigation boards. Later boring operations were undertaken by the government, and the advice of engineers acquainted with Egyptian and Indian irrigation works sought. A report was drawn up by Sir (then Mr) Wm. Willcocks in 1.901 in which he estimated that there were in the Cape, Orange Free State and the Transvaal, 3,000,000 acres which could be brought under irrigation at a cost of about £30,000,000. The value of the land, in its arid condition almost nil, when irrigated he placed at some £100,000,000. None of the South African governments was, however, then in a position to undertake large works. At the Cape the census of 1904 gave 415,688 acres as the area under irrigation, an increase of 105,827 acres since 1891. In the Robertson district a canal (completed in 1904) 21 m. long took off from the Breede River and fertilized a large area, with the result that Robertson ranks as the second richest district in the province. Over the Karroo and other arid regions some io,000 boreholes had been sunk to depths varying from 50 to 500 ft., their yield being 60,000,000 gallons a year. The value of land under artesian well irrigation (e.g. in the Graaff Reinet district) has increased from 20s. to £200 per morgen. More important, however, are the supplies to be derived from the control of flood water, millions of cubic feet of the best soil being annually washed into the sea. The Boer governments had done little to promote irrigation, but during1905-1907a strong intercolonial commission investigated the subject as it affected the Transvaal and Orange Free State, and their final report, issued at Pretoria in 1908, contains full particulars as to the irrigation possibilities in those provinces. At least 350,000 acres in the Transvaal could be remuneratively irrigated, and a proportionally large area in the Orange province. In Natal an act of 1904 gave power to the government to forward irrigation schemes. Under that act the Winterton Irrigation Settlement (18,000 acres) was formed on the upper Tugela. In 1909 an irrigation congress representative of all the governments of British South Africa was held at Robertson, in the Cape province.

Commerce

All the British states and territories are members of postal, telegraphic and customs unions. The customs are of a protective character, while there is a rebate on goods from Great Britain and British possessions' (see below, History). There is internal free trade throughout the Union of South Africa. The customs tariff in the Portuguese possessions is of a highly protective nature; goods coming from Portugal pay one-tenth of the dues levied on foreign goods. In German South-West Africa no discrimination is made as to the country of origin of imports.

A South African Customs Statistical Bureau, which deals with the external trade of British South Africa,' was established in July 1905. The statistics issued by the bureau showed a total volume of trade in 1905 of £72,910,000 made up as follows: Imports £29,859,000 (including £4,208,000 received through Portuguese ports); exports £43,050,000. Of this amount £25,644,000 was put as the value of raw gold exported, and £9,257,000 as the value of the diamonds shipped. Only £414,000 worth of goods was exported via Portuguese ports. For 1907 the figures were: Value of total trade £74,153,000; imports £25,920,000, exports £48,233,000. Goods valued at £4,036,377 received through Portuguese ports are included in the imports, and goods valued at £507,000 shipped at Portuguese ports in the exports. The value of raw gold exported in 1907 was £29,510,000, of diamonds £8,973,000. In 1908 the figures were: Total trade £70,093,000; imports £24,438,000 (including £4,641,000 via Portuguese ports); exports £45,655,000 (including £513,000 from Portuguese ports). The raw gold exported was worth £32,047,000 but the export of diamonds fell to £4,796,000. In 1909 the value of the imports into British South Africa was returned at £29,842,000; the value of the exports at £51,151,000.3 Of the imports over £16,850,000 came from the United Kingdom, over £2,240,000 from Australia, £2,450,000 from Germany, and £2,195,000 from the United States. Of the exports raw gold was valued at £33,303,000, diamonds at £6,370,000, wool at £3,728,000 and ostrich feathers at £2,091,000. The value of the imports through Delagoa Bay and other Portuguese ports was £6,795,000, the exports from Portuguese ports were valued at slightly over £500,000. In the four years the imports from the United Kingdom were about 58%, from other parts of the empire 13%. Of the exports the United Kingdom took some 95%; a considerable quantity of South African produce, especially wool, shipped to England ultimately, however finds its way to other countries. Next to Great Britain the countries doing most trade with South Africa are Australia and New Zealand, Germany, the United States, Canada, Brazil, India, Belgium, Holland and France.

Religion

The great majority of the white inhabitants are Protestants. Most of those of Dutch descent are members of the Dutch Reformed Church (Nederduitsch Hervormde Kerk ), the state church of the early Cape colonists, or of churches formed by dissentient members of the original church such as the Gereformeerde Kerk (the " Dopper " Church), a branch (introduced in 1858) of the Separatist Reformed Church of Holland. These churches are Calvinistic in doctrine and Presbyterian in organization. Until 1843 the Cape synod was controlled by government commissioners; it was then given power to regulate its own internal affairs. There are separate synods with independent authority for the congregations of the Dutch Reformed Churches in the Cape, Orange Free State and Transvaal provinces. The Doppers (" roundheads ") and other dissentient bodies have also separate synods. Besides these churches there are a number of Lutheran congregations among the Dutch speaking population.

The South Africans of British descent are divided, mainly, into Anglicans, Wesleyans and Presbyterians. The Baptists and Congregationalists are smaller bodies. All form independent churches in communion with the mother churches in Great Britain. The oldest established is that of the Presbyterians. The Anglican 1 The total amount rebated in 1908 was £430,017.

Including North-West Rhodesia.

For the six months January to June 1910 the figures were: imports £14,770,000; exports £24,442,000.

organization dates from 1847. Being declared by judicial decision in 1863 a voluntary body, the Anglicans formed " The Church of the Province of South Africa." It is divided into the dioceses of Cape Town, Graham's Town, Maritzburg (Natal), Kaffraria, Bloemfontein, Pretoria, Zululand, Mashonaland and Lebombo. The last-named diocese is that part of Portuguese East Africa south of the Sabi river; the Mashonaland diocese includes the Portuguese territory between the Sabi and the Zambezi. German South-West Africa is not included in the Anglican organization. The metropolitan is the archbishop of Cape Town. The constitution of the church was drawn up at a provincial synod in 1870. It accepts the doctrines of the Church of England, but acknowledges none save its own ecclesiastical tribunals, or such other tribunal as may be accepted by the provincial synod - in other words it rejects the authority of the English privy council. Bishop Colenso of Natal and other Anglicans did not accept the authority of the provincial synod, regarding themselves as in all respects members of the Church of England. This was, especially in Natal, the cause of prolonged controversy among the members of the Anglican community. By 1901, however, the majority of the " Church of England party were represented in the provincial synod. Nevertheless the temporalities of this party remained in the hands of curators and not in the possession of the provincial church. In 1910 the practical amalgamation of the two bodies was effected, (see further Natal).

The Roman Catholics are a comparatively small body; the majority of their adherents are found in the Cape and Natal. At the head of their organizations are vicars-apostolic for the Cape (eastern district), the Cape (western district), Natal, Orange River, Kimberley and the Transvaal, and prefects-apostolic for Basutoland and Zambezi (or Rhodesia).

All the churches maintain missions to the natives. The first to enter the field were the Jesuits and Dominicans, who laboured on the south-east coast and among the subjects of the monomotapa (see Portuguese East Africa). Their work lasted from about 1560 to 1760, but it has left little trace. The early modern missions were all Protestant. A Moravian mission to the Hottentots was begun in 1737, continued to 1744 and was re-established - against the wishes of the colonists - in 1792. Before the close of the century the London Missionary Society entered the field. The work of this society's agents has had a greater influence on the history of South Africa than that of any other religious body save the Dutch Reformed Church. Next in order came the Wesleyans and the Glasgow Missionary Society (Presbyterian), the last-named society founding in 1824 the station of Lovedale - now the most important institution in South Africa in connexion with native missions. In 1829 the Paris Evangelical Society (whose agents have laboured chiefly in Basuto and Barotse lands) sent out their first missionaries, who were closely followed by the agents of other societies (see Mlsslons). The Roman Catholics entered the field later on. By the end of the 19th century fully 5% of the total native population professed Christianity.

The Jews form a small but influential community. There are some thousands of Mahommedans in the Cape (chiefly Malays) and larger numbers in Natal, where there is also a large Hindu population. At Lourenco Marques the Chinese colony has its own temple and religious services.

Law.' - The basis of the common law of British South Africa is the Roman-Dutch law as it existed in Holland at the end of the 18th century. This was simply the old Roman jurisprudence embodied in the legislation of Justinian, modified by custom and legislative decrees during the course of the centuries which witnessed the growth of civilization in Europe; and it is to all intents and purposes the jurisprudence which was the foundation of the Code Napoleon. It was in part closely akin to the " modern Roman law " which is practised widely over the continent of Europe, and even in Scotland, at the present day. The authorities upon the common law in South Africa are: the Dutch commentators upon the civil law, the statute law of Holland, the decisions of the Dutch courts, and, failing these, the corpus juris civilis itself.

In the period which has elapsed since the establishment of British rule at the Cape the law has been considerably modified and altered, both by legislation and by judicial decisions, and it is not too much to say that at the present time there exists hardly any material difference in principle over the greater part of the field of jurisprudence between the law of England and the law of South Africa. The law of contracts, the law of torts, the mercantile law, the law relating to shipping and insurance, not to mention other subjects, are practically identical with those of England; and even the criminal law is virtually the 1 For the sections here incorporated on South African law and language we are indebted to the late J. W. Leonard, K.C. (d. 1909), twice attorney-general of Cape Colony.

same, though the greater elasticity of the civil jurisprudence allows fewer opportunities for the escape of malefactors, notably in cases of fraud or falsity in any form, than exist under the law of England. The constitution of the courts is based on the example of the English judiciary, and the rules of evidence and procedure are practically the same in both criminal and civil cases as in England. All serious cases of crime are tried before a judge and jury, with the same formalities and safeguards as in England, while minor offences are dealt with by stipendiary magistrates possessing a limited statutory jurisdiction. In criminal cases it is necessary for the jury to find a unanimous verdict. In civil cases either party may demand a jury, a privilege which is seldom exercised; but in a civil case the verdict of the majority of jurors prevails.

The most marked difference between the English and South African systems of law is, as might be expected, to be found in the law relating to real property. In South Africa there is a rigid and universal application of the principle of registration. The title to land is registered, in all cases; and so, with a few exceptions, is every servitude or easement, mortgage or charge, upon land. With regard to the devolution of property upon death, it may be remarked that the law of intestate succession applies equally to real and personal estate, there being no law of primogeniture. The rules of distribution in intestacy differ, however, very considerably from those established in England. There is absolute freedom of testamentary disposition in the Cape province and in some other parts of South Africa. The effect of marriage upon the property of the spouses is, by the Roman-Dutch law and in the absence of any ante-nuptial contract to the contrary, to bring about a complete community of property, virtually a universal partnership between husband and wife, subject to the sole and absolute control of the husband while the marriage lasts. The courts have, however, the right to interfere for the protection of the wife in case of any flagrant abuse of the power thus vested in the husband. Ante-nuptial agreements may be of any nature the parties may choose. Such agreements must in all cases be publicly registered. Upon the dissolution of a marriage in community of property, or in the event of a judicial separation a communione bonorum, the property of the spouses is divided as upon the liquidation of a partnership. It is not necessary here to refer particularly to certain exceptions to this general rule in cases of divorce.

By the common law gifts between husband and wife during marriage are void as against creditors. This rule cannot be evaded even by ante-nuptial agreement. By the statute law of Natal post-nuptial agreements between spouses are permitted under certain conditions, to which it is not possible now to refer at length. Divorce is granted to either spouse for either adultery or malicious desertion, the distinctions established by the English law between husband and wife in respect of divorce being disregarded.

Language

The languages spoken in South Africa by the inhabitants of European descent are English and Dutch, the latter chiefly in the form of a patois colloquially known as the Taal. (German and Portuguese are spoken in the possessions of those countries, but a knowledge of English or Dutch is frequent even in those territories.) The history of the Dutch language in South Africa is intimately bound up with the history of the South African Dutch people. The basis of the language as spoken to-day is that 17th-century Dutch of Holland which the first settlers brought to the country; and although the Dutch of Holland and the Dutch of South Africa differ very widely to-day, Cape Dutch differs less widely from the Dutch language of the 17th century than from the modern Dutch of Holland. The tongue of the vast majority of the Dutch-speaking inhabit ants may thus be said to be a degenerate dialect of the 17th-century Dutch of Holland, with a very limited vocabulary. The limiting of the vocabulary is due to two reasons. In the first place, the early settlers were drawn principally from the peasant class, being chiefly discharged soldiers and sailors; and, further, when once settled, the necessity for making the language intelligible to the natives by whom the settlers were surrounded led to a still further simplification of speech structure and curtailment of the vocabulary. There thus grew up an ungrammatical dialect of Dutch, suited only to the most ordinary requirements of the everyday life of a rural population. It became a language with neither a syntax nor a literature. At the same time it remained in character almost entirely Dutch, no French - in spite of the incorporation into the population of the Huguenot emigrants - and only a few Malay words finding a place in the Taal. But side by side with this language of everyday life a purer form of Dutch has continued to exist and find its uses under certain conditions. It must be borne in mind that the Boers of every grade have always been more or less sedulously instructed in religious subjects, at all events to the extent required to fit them for formal membership of their church, and in all their wanderings they have usually been attended by their pastors. The Dutch Bible and Catechism are written in pure Dutch. The language of the Dutch Bible is as majestic as that of the English version. Moreover, the services of the Church have always been conducted in grammatical though simple Dutch; and the clergy, in their intercourse with the people, have as a general rule abstained from conversing in the ordinary dialect. The Boer thus has but slight difficulty in reading and understanding pure Dutch. Under the influence of Africander nationalism strenuous efforts have been made to teach the language in the schools throughout the greater part of South Africa. In the Transvaal and Orange Free State education was imparted almost exclusively in Dutch. All public business in the government offices and law courts was conducted in the language, and the Transvaal at the time of its annexation by Great Britain was being gradually inundated by officials, railway servants and others introduced from Holland, who spoke modern Dutch. Officially throughout the Union of South Africa both languages are now on a footing of equality.

Throughout South Africa a number of words, mainly Dutch, are in general use by the English-speaking inhabitants and also, to a considerable extent, among the natives. The most common of these words, with their English meanings, are here set forth. When not otherwise stated the words are of Dutch origin: -. Common in place-names.

. to harness.

. (Arabic for unbeliever [in Islam]) a native of Bantu stock; more loosely any native. Karroo any arid district; now the name of definite regions (from the Hottentot).

Kloof. fissure or crevice, hence a ravine or narrow valley.

Kop. (literally head) a hill, generally rounded. Flat-topped hills are usually called tafel (table) or plat (flat) bergs.

Kopje. a little hill; the name given to the isolated pointed hills which are a characteristic feature of the plains of South Africa.

Kraal. an enclosure, hence a native village. Prob - ably from the Portuguese.

Krantz (or Kranz)

an overhanging wall of rock, hence a steep cliff, a precipice. A " Taal " word derived from the Dutch krans, a wreath, chaplet or cornice.

Nek. literally neck 1 mountain passes or passes Poort literally gate between mountains.

Rand border, edge, hence a low and usually round range of hills.

Ruggens ridges, applied to undulating slopes or un - irrigated hilly country.

Slim.. cunning, clever, adroit.

Sluit. (Dutch sloot ) ditch, gutter, small stream.

(literally shoot, spruiten, to spring up), stream, small river. The name given to intermittent streams liable to sudden freshets.


(literally a step), the name given to the platform or veranda of a house. The stoep is shaded by a roof and is a favourite rendezvous for the household and for visitors. Formerly all South African houses had stoeps, but in the central parts of the larger towns the buildings are now without verandas. (literally, pull, tug, trekken, to draw or pull), to leave a place, to take a journey; also the distance covered in a journey.

field. The name given to open plains and to the grass-covered plateaus of the interior. a hollow filled with water during rainy weather.

Uitspan. to unharness.

Uitlander. outlander, i.e. a foreigner.

Among other Dutch words frequently used in place-names may be instanced: rhenoster (rhinoceros) olifant (elephant), mooi (pretty), modder (mud), klip (cliff), berg (mountain), burg or stad (town), zwart (black), klein (little), groote (great), breede (broad), nieuw (new), zuur (sour), bokke (buck).

A number of Dutch weights and measures are also in general use. They include: muid =3 bushels; morgen = 2 . 11654 acres. A Cape rood equals 12.396 English feet, and a Cape ton contains 2000 lb.

II. - Constitution Of The Union Of South Africa In accordance with the provisions of an act of the British Parliament (South Africa Act 1909) Cape Colony, Natal, the Transvaal and Orange River colonies were united under one government in a legislative union under the British crown. The Union of South Africa, as the new state is named, was established on the 31st of May 1910. Upon its formation the colonies named became provinces of the Union. In the case of the Orange River colony its title was changed to Orange Free State province. The colonial legislatures were abolished, provincial councils, with strictly subordinate and delegated powers, were set up, and provincial administrators (local men) replaced the various governors. The history of the movement which led to unification is given in the following section. The main provisions of the constitution 1 are as follows: The executive government of the Union is vested in the king and may be exercised by the sovereign in person. It is, however, administered by a governor-general, who holds office during the king's pleasure. The governor-general Executive. can dismiss ministers and dissolve parliament. He is empowered to dissolve both houses of the legislature simultaneously or the House of Assembly alone. He can perform no official act when beyond the territorial limits of the Union, but he can appoint a deputy to act for him during temporary absences. The governorgeneral is paid £10,000 a year out of the consolidated funds of the Union. He is advised by an executive council, whose members he nominates. The council must include the ministers of state; ministers administering departments of state may not exceed ten in number. Ministers cannot hold office for a longer period than three months unless they are or become members of either house of parliament. The control and administration of native affairs (which before the Union was, except at the Cape, largely in the hands of the colonial governors personally) is vested exclusively in the governor in council and to the same authority is entrusted all matters specially or differentially affecting Asiatics throughout the Union. The legislative power is vested in a parliament consisting of the Sovereign, a Senate, and a House of Assembly. The Senate consists of 40 members, 8 representatives from each province, and 8 members nominated by the governor-general in council. Four of the nominated members are selected on the ground mainly of their thorough acquaintance with " the reasonable wants and wishes " of the coloured races in South Africa. The presence of both nominated and elected members in the Senate is a novel provision in the constitution of the upper chambers of British colonial legislatures. The senators chosen in 1910 hold office for ten years. After 1920 the Union parliament may make any alteration it sees The fit in the constitution of the senate. A senator must Legislature. be a British subject of European descent, must be thirty years old, be a parliamentary voter in one of the provinces, have lived for five years in the Union, and if an elected member be possessed of immovable property within the Union of the clear value of £500.

1 For a detailed examination of the constitution and a comparison of it with the federal constitutions of Canada and Australia see " South African Union," by A. Berriedale Keith, in the Journ. Soc. Comp. Legislation for October 1909.

Trek Veld Vlei Assegai .

Boschveld .

Bywoners Daal Dorp. Drift Ervan (sing. erf) Fontein. Hoek. Inspan. Kaffir .


a spear used by the Kaffir tribes; a word adopted from the Portuguese, but of Berber origin.

? a plain or open stretch of country covered with thin wood or bush. Often written bushveld.

(literally witnesses) " poor whites," the name given by the Boers to the landless whites, hangers-on at farms, &c.

valley.

village.

ford (a " Taal " word).

plots of land. fountain, spring. corner, angle, hook.

The House of Assembly consists (as originally constituted) of 121 members, elected by single-membered constituencies, each constituency containing as nearly as possible the same number of voters. Of these members the Cape Province returns 51, the Transvaal 36, and Natal and Orange Free State 17 each. As population increases the total number of members may be raised to 150. The seats allotted to each province are determined by its number of European male adults as ascertained by a quinquennial census, the quota for a constituency being obtained by dividing the total number of such adults in the Union as ascertained at the 1904 census by the number of members at the establishment of the Union. The commission charged with the delimitation of constituencies is permitted to vary the quota as much as 15% either way. Members of the House of Assembly must, like senators, be British subjects of European descent, they must be qualified to be registered as voters and have lived for five years within the Union. A general election must take place every five years, and all polls must be taken on the same day. There must be a session of parliament every year, so arranged that twelve months shall not elapse between the last day of one session and the first sitting of the next session.

The qualifications of parliamentary voters are those which existed in the several colonies at the establishment of the Union, save that " no member of His Majesty's regular forces on full pay " can be registered as a voter. As the franchise laws in the several colonies differed the qualifications of voters in the provinces differ also. In the Transvaal and Orange Free State provinces the franchise is restricted to white adult male British subjects. In neither province is there any property qualification, but a six months' residence before registration is required. In Natal (q.v.) there is a low property qualification. In that province coloured persons are not by name debarred from the franchise, but they are in practice excluded. In the Cape province, where there is also a low property qualification, no colour bar exists and there are a large number of Kaffir voters (see Cape Colony: Constitution). Parliament may alter the qualifications for the vote, but no law which would deprive coloured persons in the Cape province of the franchise can be effective " unless the bill be passed by both houses of parliament sitting together and at the third reading be agreed to by not less than two-thirds of the total number of members of both houses." Save as subject, ultimately, to the British parliament the Union parliament is a sovereign body. The provinces have no original authority, possessing only such powers as are delegated to them by the parliament. In certain cases the governor-general must reserve the royal assent to bills, e.g. any bill abolishing the coloured vote in the Cape province. The king is given the power to disallow any law within a year of it having received the assent of the governorgeneral.

With regard to bills the two houses are not in a position of equality. Bills appropriating revenue or moneys, or imposing taxation, must originate in the House of Assembly and may not be amended by the Senate. If a bill passed by the Assembly has been twice rejected by the Senate, provision is made for a joint sitting of both houses, when members vote and decide upon the measure concerned as one body. In the case of a money bill rejected by the Senate a joint sitting to decide its fate may be held in the same session in which the Senate has failed to pass the bill. Every minister of state may sit and speak in either house, but can vote only in the house of which he is a member. Re-election is not necessary on the appointment of a member as a minister of state. Members of parliament are paid £400 a year, f3 being deducted from this allowance for every day's absence during the session.

A Supreme Court of Judicature for South Africa was created at the establishment of the Union. The former Supreme, High and Circuit Courts of the several colonies then became provincial and local divisions of the Supreme Court of South Africa, which consists of two divisions, namely the Supreme Court and the Appellate Division. Appeals from the decisions of the provincial and local divisions of the court and from those of the High Court of southern Rhodesia, must be made to the appellate division of the Supreme Court. Unless special leave of the privy council be obtained there can be no appeal from the decisions of the Appellate Division, save in admiralty cases. This restriction of the power of appeal to the privy council is much greater than are the restrictions upon appeals from the Commonwealth of Australia, where appeals to the privy council lie by right from the several state Supreme Courts. The difference arises from the fact that the Commonwealth is a federation of states; whereas the Union of South Africa is but one state with but one Supreme Court. One result of this unification of the courts of South Africa is that any provincial or local division of the Supreme Court in which an action is begun can order its transference to another division if that course be deemed more convenient. Moreover the judgments of each provincial division can be registered and enforced in any other division. The administration of justice throughout the Union is vested in a minister of state who has all the powers of the attorneygenerals of the several colonies at the time of the Union, save that power as to the prosecution of crimes is vested in each province in an official appointed by the governor-general in council and styled the attorney-general of the province.

Among the general provisions of the constitution the most im portant is that both the English and Dutch languages are official languages of the Union and are treated on a footing of equality; all records of parliament, and all notices of general public importance or interest issued by the government of the Union must be in both languages. (Persons in the public service at the establishment of the Union cannot, however, be dispensed with because of lack of knowledge of either English of Dutch.) Other general provisions enact free trade throughout the Union, but the customs and excise leviable under the laws existing in any of the colonies at the establishment of Union remain in force unless parliament otherwise provides. All persons who had been naturalized in any of the colonies are naturalized throughout the Union. All rights and obligations under conventions and agreements which were binding on any of the colonies have devolved upon the Union.

The harbours of Cape Town, Port Elizabeth, East London and Durban are state owned, as are also nearly all the railways in the Union. All revenues derived from these services are paid into a separate fund. The administration of the railways, ports and harbours is entrusted to a board of not more than three commissioners (appointed by the governor-general in council) presided over by a minister of state. Each commissioner holds office for five years and may be reappointed. The board is directed to administer its service on business principles, due regard being had to agricultural and industrial development, &c., within the Union. So far as may be the total earnings are not to be more than are sufficient to meet necessary outlays.

Provincial Adnsinistration

While the Union parliament has full power to make laws for the whole of the Union, to provincial councils have been delegated the immediate control of affairs relating solely to the provinces. The subjects delegated to the councils include direct taxation within the provinces for local revenue pur p oses, the borrowing of money (on the sole credit of the provinces) with the consent of the ministry; agriculture (within the limits defined by parliament) and municipal institutions, divisional councils, and other local institutions. The control of elementary education was also guaranteed to the provincial councils up to 1915, and thereafter until parliament otherwise provides.

The councils consist of not fewer than 25 members and not more than the number of members returned by the province to the House of Assembly. Each councillor represents a separate constituency, these constituencies, as far as possible, to be the same as the parliamentary constituencies. (In the Cape and Transvaal provinces they were the same in 19to; Natal and Orange Free State returning only 17 members to the House of Assembly, the parliamentary constituencies have been rearranged.) The qualifications for electors are the same as for parliament, and any person qualified to vote is qualified to be a member of the council. As in the Cape province coloured persons are qualified to vote, they are thus also qualified to be members of the provincial council. Any member of the provincial council who becomes a member of either House of Parliament thereupon ceases to be a member of such provincial council. Each provincial council continues for three years from the date of its first meeting and is not subject to dissolution save by effluxion of time.

The executive power in each province is invested in an officer appointed by the government and styled provincial administrator. He holds office for five years. The administrator is assisted by an executive committee of four persons elected from among its own members, or otherwise, by the provincial council on the proportional representation principle. The administrator and any other member of the executive committee, not being a member of the council, has the right to take part in the proceedings of the council, but has not the right to vote. The provincial councils have not the right to make laws, but ordinances, which must receive the assent of the governor-general in council before becoming valid. (F. R. C.) III. - History The history of South Africa is, almost entirely, that of its colonization by European races, of their conflicts with, and influence over, its native inhabitants, and of the struggle for supremacy between the British and Dutch settlers. The little that is known concerning the doings of the natives before the appearance of the white man belongs to the domain of ethnology rather than of history. When the Portuguese first reached the southern part of Africa there was but one place in it where a civilized race held sway. This was at Sof ala, the most southerly post of the East African Arabs. From that port the Arabs traded for ivory, slaves and (principally) gold with Bantu peoples of the far interior - the Rhodesia of to-day. These natives, whose earliest existing buildings may go back to the time of the Norman Conquest, were in a higher state of development than the Bushmen and Hottentots living farther south. The part played by the various native races in modifying the character of the European colonization will be best considered as they successively came into contact with the white settlers. At this point it is only necessary to state that at the same time as the Europeans were slowly extending northward from the south-western point of the continent, a conquering race of Bantu negro stock, originating from somewhere beyond the Zambezi, was spreading southward along the western side of the country.

A. From the Discovery of the Cape to the Great Trek. - What led tp the discovery of America led also to the discovery, exploitation and colonization of South Africa. In the 15th century the great Eastern trade with Europe was carried on by the Venetian Republic - Venice was the gate from West to East, and her fleets, richly laden with goods brought down to the shores of the Mediterranean in caravans, supplied Europe with the luxuries of the Orient. It was in that century that Portugal rose to prominence as a maritime power; and being anxious to enjoy at first hand some of the commerce which had brought such prosperity to Venice, Portugal determined to seek out an ocean pathway to the Indies. It was with this intention that Bartholomew Diaz, sailing southwards, discovered the Cape of Good Hope in 1488.1 Nine years after the discovery of the Cape by Diaz another Portuguese expedition was fitted out under Vasco da Gama. Da Gama entered Table Bay, but did not land. Thence he pushed on round the coast, landed in Mossel Bay, then sailing up the south-east coast he sighted land again on the 25th of December 1497, and named it in honour of the day, Natal. Still proceeding northwards he entered the Quilimane River and eventually reached India.

For many years subsequent to this date South Africa represented merely an inconvenient promontory to be rounded on the voyage to the Indies. Ships stopped at different ports, or rather at such few natural harbours as the inhospitable coast offered, from time to time, but no attempt was made by the Portuguese to colonize the southern end of the continent. On the west coast their southernmost settlement for a long period was Benguella, and the history of Angola had not until the last quarter of the 19th century any close connexion with that, of South Africa. On the east coast the Portuguese were masters of Sofala by 1506, and a trading-post was first established in Delagoa Bay in 1545. Here alone Portugal obtained an important foothold in South Africa. But between Benguella on the west and Lourenco Marques on the east the Portuguese made no attempt to form permanent settlements or trading stations along the coast. It was too barren a shore to prove attractive when the riches of East Africa and India were available.

The first Europeans to follow in the wake of the Portuguese voyagers were the English. In 1601 the English East India Company fitted out a fleet of five vessels, which sailed from Torbay. After four months at sea they dropped their anchors in Table Bay, where they remained for seven weeks before proceeding eastwards. From that time forward Table Bay was used as an occasional port of call for British ships, and in 1620 two English captains formally took possession of the Cape in the name of James I. This patriotic act was not, however, sufficiently appreciated by either King James I. or the English East India Company to evoke any official confirmation on their part. Meanwhile the Dutch East India Company had been formed in Holland, and the Dutch had entered keenly into the competition for the glittering prizes of Eastern commerce. In 1648 one of their ships was stranded in Table Bay, and the shipwrecked crew were left to forage for themselves on shore for several months. They were so pleased with the resources of the country that on.their return to Holland they represented to the directors of the company the great advantages that would accrue to the Dutch Eastern trade from a properly provided and fortified station of call at the Cape. The result was that in 1652 a fort and vegetable 1 The Gate usually assigned (1486), on the authority of De Barros, has been shown to be incorrect (see DIAz) .

gardens were laid out at Table Bay by a Dutch expedition sent for the purpose under a surgeon named Jan van Riebeek. In 1657 a few soldiers and sailors, discharged by the Dutch East India Company, had farms allotted them, and these men constituted the first so-called " free burghers." By this step the station became a plantation or settlement. More settlers were landed from time to time, including a number of orphan girls from Amsterdam, and during1688-1689the colony was greatly strengthened by the arrival of some three hundred Huguenots (men, women and children), who were located at Stellenbosch, Drakenstein, Frenchhoek and Paarl. In process of time the French settlers were absorbed in the Dutch population, but they have had an enduring influence on the character of the people. The little settlement gradually spread eastwards, and in 1754 the country as far as Algoa Bay was included in the colony. At this time the white colonists numbered eight to ten thousand. They possessed numerous slaves, grew wheat in sufficient quantity to make it an article of export, and were famed for the good quality of their wines. But their chief wealth was in cattle. Such prosperity as they enjoyed was in despite of the system of government prevailing. All through the latter half of the 17th and the whole of the 18th century troubles arose from time to time between the colonists and the government. The administration of the Dutch East India Company was of an extremely despotic character. The most complete account of the company's tenure and government of the Cape was written in 1857 by E. B. Watermeyer, a Cape colonist of Dutch descent residing in Cape Town. He points out that it was after failing to find a route by the north-east to China and Japan that the Dutch turned their eyes to the Cape route. The Cape of Good Hope subsequently " became not a colony of the Republic of the United Provinces, but a dependency of the ` Netherlands Chartered General East India Company ' for mercantile purposes; and to this fact principally can be traced the slow progress, in all but extension of territory, of a country which was settled by Europeans within thirty years of the time when the Pilgrim Fathers, the founders of a mighty empire, landed at Plymouth to plant democratic institutions and European civilization in the West." On the settlement under van Riebeek, and the position in it which the so-called " free burghers " enjoyed, this candid Dutch writer throws an interesting light.

" The people," he says, " who came here with Riebeek himself were not colonists intending permanently to settle at the Cape.. .. The proposition that any freemen or burghers not in the pay of the company should be encouraged to cultivate the ground was first made about three years after Riebeek's arrival. Accordingly, some discharged sailors and soldiers, who received on certain conditions plots of ground extending from the Fresh River to the Liesbeek, were the first free burghers of the colony.. Here it is sufficient to say that, generally, the term free burgher' was a complete misnomer. The first burghers were, in truth, a mere change from paid to unpaid servants of the company. They thought, in obtaining their discharge, that they had much improved their condition, but they soon discovered the reverse to be the fact. And henceforward, to the end of the last [18th] century. we find the constantly repeated and well-founded complaint, that the company and its officers possessed every advantage, while the freemen were not allowed even the fruit of their own toil.. .. The natural effect of this narrow and tyrannous rule was discontent, amounting often to disaffection. After a time every endeavour was made to escape beyond the immediate control of the authorities. Thus the ` trekking ' system, with its attendant evils, the bane of South Africa, was born. By their illiberal spirit, which sought but temporary commercial advantage in connexion with the Eastern trade, the Dutch authorities themselves, although generally humanely disposed towards the natives, created the system which caused their oppression and extermination." When it is borne in mind that the Dutch at the Cape were for one hundred and forty-three years under the rule of the Dutch East India Company, the importance of a correct appreciation of the nature of that rule to any student of South African history is obvious. No modern writer approaches Watermeyer either in the completeness of his facts or the severity of his indictment. Referring to the policy of the company, Watermeyer says: - The Dutch colonial system as exemplified at the Cape of Good Hope, or rather the system of the Dutch East India Company (for the nation should not wholly suffer under the condemnation j ustly incurred by a trading associ

Bibliography Information
Chisholm, Hugh, General Editor. Entry for 'South Africa'. 1911 Encyclopedia Britanica. https://www.studylight.org/​encyclopedias/​eng/​bri/​s/south-africa.html. 1910.
 
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