Whereas the Government of the Transvaal State, through its delegates, consisting of Stephanus Johannes Paulus Kruger (President of the said State), and Stephanus Jacobus du Toit (Superintendent of Education), and Nicholas Jacobus Smit (a member of the Volksraad), have represented that the Convention signed at Pretoria on the 3rd day of August 1881, and ratified by the Volksraad of the said State on the 25th October 1881, contains certain provisions which are inconvenient, and imposes burdens and obligations from which the said State is desirous to be relieved, and that the south-western boundaries fixed by the said Convention should be amended, with a view to promote the peace and good order of the said State, and of the countries adjacent thereto; and whereas Her Majesty the Queen of the United Kingdom of Great Britain and Ireland has been pleased to take the said representations into consideration.
Now, therefore, Her Majesty has been pleased to direct, and it is hereby declared that the following articles of the new Convention, signed on behalf of Her Majesty by Her Majesty’s High Commissioner in South Africa, the Right Honourable Sir Hercules George Robert Robinson, … Governor of the Colony of the Cape of Good Hope, and on behalf of the Transvaal State (which shall hereinafter be called the South African Republic) by the above-named delegates, … shall, when ratified by the Volksraad of the South African Republic, be substituted for the articles embodied in the Convention of 3rd August 1881: which latter, pending such ratification, shall continue in full force and effect.
Article 1. (Boundaries of the South African Republic given here.)
2. The Government of the South African Republic will strictly adhere to the boundaries defined in the first article of the Convention, and will do its utmost to prevent any of its inhabitants from making any encroachment upon lands beyond the said boundaries. The Government of the South African Republic will appoint Commissioners upon the eastern and western borders whose duty it will be strictly to guard against irregularities and all trespassing over the boundaries. Her Majesty’s Government will, if necessary, appoint Commissioners in the native territories outside the eastern and western borders of the South African Republic to maintain order and prevent encroachments.
Her Majesty’s Government and the Government of the South African Republic will each appoint a person to proceed together to beacon off the amended southwest boundary as described in article one of this Convention; and the President of the Orange Free State shall be requested to appoint a referee to whom the said persons shall refer any questions in which they may disagree respecting the interpretation of the said article, and the decision of such referee thereon shall be final ….
4. The South African Republic will conclude no treaty or engagement with any State or nation other than the Orange Free State, nor with any native tribe to the eastward or westward of the Republic until the same has been approved by Her Majesty the Queen.
Such approval shall be considered to have been granted if Her Majesty’s Government shall not, within six months after receiving a copy of such treaty (which shall be delivered to them immediately upon its completion), have notified that the conclusion of such treaty is in conflict with the interest of Great Britain or of any of Her Majesty’s possessions in South Africa.
5. The South African Republic will be liable for any balance which may still remain due of the debts for which it was liable at the date of annexation, to wit, the Cape Commercial Bank Loan, the Railway Loan, and the Orphan Chamber Debt, which debts will be a fist charge upon the revenues of the Republic. The South African Republic will moreover be liable to Her Majesty’s Government for £250,000, which will be a second charge upon the revenues of the Republic ….
7. All persons who held property in the Transvaal on the 8th day of August 1881, and still hold the same, will continue to enjoy the rights of property which they have enjoyed since the 12th April 1877. No person who has remained loyal to Her Majesty during the late hostilities shall suffer any molestation by reason of his loyalty; or be liable to any criminal prosecution or civil action for any part taken in connection with such hostilities; and all such persons will have full liberty to reside in the country, with enjoyment of all civil rights and protection for their persons and property.
8. The South African Republic renews the declaration made in the Sand River Convention, and in the Convention of Pretoria, that no slavery or apprenticeship partaking of slavery will be tolerated by the Government of the said Republic.
9. There will continue to be complete freedom of religion and protection from molestation for all denominations, provided the same be not inconsistent with morality and good order; and no disability shall attach to any person in regard to rights of property by reason of the religious opinions which he holds ….
11. All grants or titles issued at any time by the Transvaal Government in respect of land outside the boundary of the South African Republic, as defined in article one, shall be considered invalid and of no effect, except in so far as any such grant or title relates to land that falls within the boundary of the South African Republic; and all persons holding any such grant so considered invalid and of no effect will receive from the Government of the South African Republic such compensation, either in land or in money, as the Volksraad shall determine. In all cases in which any native chiefs or other authorities outside the said boundaries have received any adequate consideration from the Government of the South African Republic for land excluded from the Transvaal by the first article of this Convention, or where permanent improvements have been made on the land, the High Commissioner will recover from the native authorities fair compensation for the loss of the land thus excluded, or of the permanent improvements thereon.
12. The independence of the Swazies, within the boundary line of Swaziland, as indicated in the first article of this Convention, will be fully recognised.
13. Except in pursuance of any treaty or engagement made as provided in article four of this Convention, no other or higher duties shall be imposed on the importation into the South African Republic of any article coming from any part of Her Majesty’s dominions than are or may be imposed on the like article coming from any other place or country; nor will any prohibition be maintained or imposed on the importation into the South African Republic of any article coming from any part of Her Majesty’s dominions which shall not equally extend to the like article coming from any other place or country. And in like manner the same treatment shall be given to any article coming to Great Britain from the South African Republic as to the like article coming from any other place or country.
These provisions do not preclude the consideration of special arrangements as to import duties and commercial relations between the South African Republic and any of Her Majesty’s colonies or possessions.
14. All persons, other than natives, conforming themselves to the laws of the South African Republic (a) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic; (b) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic.
15. All persons, other than natives, who established their domicile in the Transvaal between the 12th day of April 1877 and the 8th August 1881, and who within twelve months after such last-mentioned date have had their names registered by the British Resident, shall be exempt from all compulsory military service whatever.
16. Provision shall hereafter be made by a separate instrument for the mutual extradition of criminals, and also for the surrender of deserters from Her Majesty’s Forces ….
All transfers to the British Secretary for Native Affairs in trust for natives will remain in force, an officer of the South African Republic taking the place of such Secretary for Native Affairs.
19. The Government of the South African Republic will engage faithfully to fulfil the assurances given, in accordance with the laws of the South African Republic, to the natives of the Pretoria Pitso by the Royal Commission in the presence of the Triumvirate and with their entire assent (1) as to the freedom of the natives to buy or otherwise acquire land under certain conditions; (2) as the appointment of a commission to mark out native locations; (3) as to the access of the natives to the courts of law; and (4) as to their being allowed to move freely within the country or to leave it for any legal purpose under a pass system.
20. This Convention will be ratified by a Volksraad of the South African Republic within the period of six months after its execution, and in default of such ratification this Convention shall be null and void.
Signed in duplicate in London this 27th day of February, 1884.
(Signed) Hercules Robinson.
S. J. P. Kruger.
S. J. du Toit.
N. J. Smit.