2.--_Confusion of Powers._

The Volksraad confuses legislative and judicial functions. Should a
judgment displease it, it arrogates to itself the right to annul it. Nor
is there any more respect shown by the Volksraad for contracts, and, on
one occasion, it solemnly accorded to the Government the right to annul
clauses which had ceased to be satisfactory. It is unnecessary to add
that the principle of the non-retrospectiveness of laws is altogether
unknown to it.

In the Dom case the Volksraad passed a resolution disabling the
aggrieved individual from taking action against the Government.

Early in the year 1897, the Government appointed for a given day, the
allocation of the Witfontein farm in "claims" (mine concessions of 150
by 400 feet). At the last moment it was announced that the claims would
be decided by lottery; several persons having made known that they
intended to sue the Government for their claims already pegged out, a
measure was passed by the Volksraad declaring all such actions null and
void.

A Mr. Brown, an American, took proceedings. The President of the High
Court, Mr. Kotzé, pronounced that this law was unconstitutional, and
gave judgment in favor of Brown, but left the amount of damages to be
determined later after hearing further evidence.

Upon this, Mr. Krüger introduced a law known as Law I. of 1897, which
empowered him to exact assurances from the judges that they would
respect all resolutions of the Volksraad, without testing whether they