- GH
- Governmental body
- 1806 – 1910
After the surrender of the Cape by the Batavian Government to the British forces in January 1806, the British military commander, Major-General Baird, took immediate but temporary measures for the civil administration of the Cape. Although the Council of Policy ceased to exist, the ordinary functions of several departments were continued along lines compatible with the principles of the British Government.
The Batavian Governor, JW Janssens, initially refuted the claim that the whole of the Cape Colony had been surrendered. With the signing of the articles of capitulation of 18 January 1806 the effect of the surrender of the whole colony was acknowledged.
A commission dated 30 July 1806, was granted to Du Pre Alexander, Earl of Caledon, to be Governor and Commander-in-Chief in the Cape of Good Hope and its territories and dependencies. According to his accompanying instructions the Governor was to be the supreme head of the government with all legislative and executive authority as well as civil and military power vested in him as the delegate of the sovereign power.
The Governor was to exercise the administration of justice according to the laws and institutions that existed in the settlement, subject to the regulations made during the first British Occupation and further directions he might receive. In emergencies he could deviate from instructions, provided he reported to the Secretary of State. The legislative power of the Governor enabled him to make laws by proclamation. These legislative acts, together with reasons for them, were to be transmitted to the British Government for approval.
The relative independence of the local administration was increased by the Governor’s patronage of the civil service and the salary budget. The Governor had, therefore, with the exception of departmental heads and the president of the High Court of Justice, complete control over all officials with regard to their appointment, dismissal and pay. The Governor’s powers were restricted by the fact that all appointments made by him were to be confirmed by the British Government before they became permanent.
In judicial matters the Governor and Lieutenant-Governor formed a court of appeal in civil cases exceeding £200, while for criminal appeals the appellate jurisdiction was vested in the Governor and assessors appointed by him.
Although the Governor possessed wide financial powers and was authorized to issue licences for schools and marriages, commissions to ships of war and to call up the militia, he had to report to and obtain approval for his decisions from the Secretary of State. The extent of the Governor’s military powers was ambiguous and was only clearly defined in 1811, whereby the powers of the Governor, a civil authority, to interfere in the command of the regular army were limited. These limitations were not subsequently enforced.
In the absence or incapacity of the Governor the Lieutenant-Governor or the commander of the forces would assume the administration of the Colony.
Under Cradock and Lord Charles Somerset no radical constitutional changes in the powers of the Cape Governor were instituted despite the fact that the Cape was formally ceded to Great Britain in 1814 and that Somerset administrated the Cape as a permanent British Colony from April 1814.
On 18 January 1823 two commissioners were appointed to enquire into the administration of the Cape of Good Hope. In 1825 an Advisory Council consisting of six nominated officials, including the Chief Justice, Colonial Secretary, Auditor-General and Receiver-General was appointed as a check on the wide powers of the Governor. The Council members were to advise the Governor and discuss subjects submitted by him, while being allowed to minute subjects they themselves would like to be considered. The Governor was not bound by the Council’s advice, but where he acted against their advice he was answerable to the Secretary of State. The Council was ineffective in curbing the Governor even after two colonists replaced the Colonial Secretary and Auditor-General on the Council in 1827.
In 1825 it was decided to divide the administration of the Cape in two divisions under separate governments with a lieutenant-governor as the head of the administration of the eastern division. The Governor retained military command over the whole colony, but was to conduct the civil administration of the western province only. The separation did not eventuate and in 1827 provision was made for a commissioner-general to superintend the affairs in the eastern districts subject to the authority of the Governor. This appointment ceased in 1834.
The Charter of Justice of 1827 deprived the Governor of his appellate jurisdiction, and the appointment and dismissal of judges was placed outside his control, bringing about a separation of the judicial and the executive powers. In 1834 the executive and legislative powers were separated by the establishment of an executive council, consisting of specified office holders and a legislative council, consisting of five officials and from five to seven unofficial nominees. The Governor acted as chairman ex officio for both councils. The Governor was to consult the Executive Council on all executive matters except those of great urgency and to provide a full explanation to the Secretary of State when acting contrary to the Council’s recommendations. The appointment or dismissal of superior officials was subject to the Council’s advice or to confirmation by the Crown. The Governor summoned and prorogued the Legislative Council, nominated the unofficial members, and presided over their meetings. The Governor was to recommend ordinances regarding appropriation, supply and the good government of the Colony. He had a casting vote, but had to furnish the Secretary of State with reasons for opposing council decisions. The Governor was restricted in proposing certain ordinances concerning the constitution, religion, revenue, securities, divorce, etc. All ordinances were subject to the approval of the British Government.
The Governor further had the power with the approval of the Secretary of State, to remit sentences, appoint officials and, with the approval of the Executive Council, dismiss officials.
The clamour for separation in the eastern districts culminated in the appointment of Captain Stockenström as Lieutenant-Governor of the Eastern Province in February 1836. The uncertainty as to the extent of the Lieutenant-Governor’s powers came to a head in 1847 when Lieutenant-Governor Young claimed independence from the Governor’s power. After his departure in November 1847, the position of lieutenant-governor was not filled and for the following eight years the functions of the office were continued by a secretary and clerk.
The vigorous agitation for representative government culminated in the Cape of Good Hope Constitution Ordinance of 1852. In the legislative sphere the Governor still possessed wide powers and money bills were initiated upon his recommendation. The Governor shared the right with members of both houses to introduce other measures and also possessed the right to return bills to either house with amendments, and to assent to, refuse or reserve the bill for the royal pleasure. Copies of all acts were to be transmitted to the office of the Colonial Secretary.
Although the Governor’s general powers were greatly restricted his executive influence remained extensive as all executive power was vested in him and an executive council consisting of office holders appointed to the position by him.
From 1855 the vacant Lieutenant-Governorship was filled. Apart from taking over the command of all military matters on the Eastern Frontier, the Lieutenant-Governor was also responsible in an administrative capacity for the Eastern Province.
Because the Lieutenant-Governor, as commander of the forces at the Cape, did not have his headquarters at the seat of government, a Military Secretary to the Governor was temporarily appointed at imperial expense. Every two years the Governor was to report fully on the duties of the Military Secretary and whether the office could not be abolished.
In 1872 responsible government was introduced, and the Governor’s executive powers curtailed. By virtue of the new instructions the Governor was empowered to appoint and suspend officers, to assent to laws, remit sentences and summon, prorogue and dissolve the legislative body, while restrictions as to certain types of legislation were imposed. While the Governor could appoint and remove members of the Executive Council, the actual control of all public departments was placed in the hands of those members with the confidence of the representative legislature.
Apart from the governmental functions performed by the Governor, various Governors were, in addition, appointed as High Commissioner to represent the imperial interests in Southern Africa. In 1889 the office of the Governor, who, according to the definition of 1883, was administrator on the advice of the Executive Council, was permanently combined with that of High Commissioner.
In 1900 the office of Governor was once again separated from that of High Commissioner. The latter was domiciled in the Transvaal and in 1905 his position was incorporated with that of the Governor of the Transvaal and Orange River Colony.
The Governor of the Cape, who on several occasions was also appointed Governor of other territories, such as Griqualand West in 1871 and British Bechuanaland in 1885, remained the titular head of the government up to 1910.