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English Edition

ffic:ial of the
z II
Protectorate of So-u th-West flfrica·
in M ilitary Occ upation of the Union Force~

Pub l i~hed by Authority

ce 6d Wind h u k., 5th March 1920 No. 29

P RO CLAMATI O NS ncluding the farm~ l!i2. 15-l, 153, 1-18 to the south-
f.Y HIS HOXOLH SIH ED:\10:\D HOWAHD LACA~l ·' estern beacon of the last mentioned farm, thence south-
GORI;Es. K.SJGHT CO.\nL\NDEH OF TilL .\lOST tastwards and generally \\·est\\'ards along the bound-
aries .of and mduding the farms Block III, Ghaub,
UISTJ:'\tri'ISHEJ) UHDEH OF SAI~T .\liCHAEL
Uhaub \X'est, .Mosbach, l:.melienhof, Danevis Nord,
A.''W .S.\1:\T GEORI,E. A .\1 E.\lBEH OF THE Dannis Sud. Khorab Ost, S 37, Sovis, 103, 97, thence
ROYAL VILTOHL\:'1. UIWEH . .\D.\II~IS'I H:\TOR nuth\\ ards along the boundaries of and including the
OJ· THE PHOTELI UH \TE OJ' SOl''J II- WEST farms lJS. 9Q, 100, 101 to the north-\vestern beacon ol
AFRICA 1:'\ .\lll.llAHY OCCI'l'.\TIO' OJ· THE the last mentioned farm, thence along a line drawn due
westwards to the point ot its intersection with the Oroot-
lll\'10:--1 FORCES.
fontein-Outj-o District boundar~·. thence north-west-
'lo 10 of 1920.] wards and northwards along ~aid Distrid boundary to
,·here it meets the southern boundar} of Ovamboland,
J jnder :1ndby \·irtue of the powers in me \'ested by hen1e eastward~ and north\\'ards along the boundary of
~·o n 2 (fl ofthe ,\\agistrates' Courts Act 1917, of Ovamholand to the point of beginning.
Llnion Parliament as applied to the Protectorate by
ion 9 (I of the Administration of Justice Proclam- •.Jc 11 of 1Q20.)
auun 1919, I do hereby appoint Tsumeb in the District
,; f Orootf,)ntein as a place for the holding of a period- 'HERE.\S it is desirable to define more accu-
,(}~ court and prescribe that the lol'al limits within rately the dimensions of the territory known as the
ch the said periodical court shall ha\'e jurisdiction Srerrgebiet, refl'rred to in the Ordinancf:: of the German
1
_,, 11 be as defined in the schedule attached hereto. r Imperial Cnlronial Office of the 22nd ~eptember, 1908,
NO\X' THEREFORE, under and by virtue of the
GOD SA \'E THE KINO. powers in me vested, I do fwreby dedarc, proclaim and
Given under my hand at Windhuk this 2-Ith day of make known thar the territ 1n described in the said
If)' 1920. Ordinance as bordered: ·
E. H. L. Gorges In the north by the 2lith degree southern latitude;
ln the south by the nodhern bank of the Orange
Administrator.
~CHEDULE.
RiYer·
' '
In the \\est b' the .\tlantic Ocean; and
Perr.dical Court at Tsumeb, District of Grootfontein. In the east b:v: a line running at a distance of one
Area of Jurisdiction. hundred kilometres from the seashore and parallel
To comprise an area bounded as follows: thereto,
rom. the point of intersection of the eastern bound- is delimited as follows:-
ary of Ovamboland \\'ith the northern boundary of the Eastem boundary. Commencing in the north-east at
Proiectorate, east\\'ards, along the Protectorate bound- the beacon 1. 100 kilometres from
ary to its point of intersection \Vith the 18th degree of the coast on 'the 2611 southern lati-
long-nude ea.:.t of o.·renwicn, thence south along said tude, then southwards through
18th degree of longitude to its point of intersection ,with the beacons 2, 3, 4, 5, 6, 7, 8, 9,
tht> northern bounduy of the farm Tsintsabis, thence to the beacon 10 on the north
eas+wards, southward~ and westwards along the bound- bank of the Orange River.
~r: f ,and including the farms Tsintsabis, Oorooab No. Southern boundary. Thence \\estwards along the
2 and Gorooab No. 1, to the point of jntersection of the north bank of the Orange River to
:h degree east longitude with the southern boundary the Atlantic coast line.
I th~ farm Gorooab No. 1, then south along the lSth \X' estern bc.undary. Thence northwards along the At-
ieg.-u:. ea-,;t longitude to the point of its intersection lantiL coast line to the beacon 11
1w~th the nort.her(l. boundary of the farm ·lfi~, thence on the seashore on the 26° south-
gentrallr south-weSt\\ ards along the boundanes of but ern latitude. •
2 Official Gazette, 5th March, 1920.

Northern boundary. Thence eastwards along the 26° dedtzbucht and Keetmanshoop are repealed in so
southern latitude to the point o.f far a.: they relate to those blocks of land situate
origin at beacon 1, along the said .-ailway line between \us 1nd
as shewn on the plan •o(~he Sperrgebiet fikd in the offioe Kectmanshoop which by virtue of the aforcsa1d
of the Inspector of Mines at Windhuk and Luderitz- Ordinance were exclusively reserved ror the wiu-
bucht. n·ng· ol mineral to the Government of German
The following geographical co-ordinates and de crip- ~outh-West .\frica.
tions (!pply to the a'bove-mentioned beacons, riz :- (-l The aid blocks of land referred to in paragraph
Beacon No. 1 26.00' Latitude In the dunes west of thcee hereof shall be and are hcreby declared to
15.57' lJongitude Namtib be open for prospecting and mining in accordance
Beacon No. 2 26.20' t.atitude About 8 kilometre~ with the prodsions of the Imperial Mining Or-
15.58' Longitude '. W. of Tafel- dinance for German ~outh-W est .\frica of the 8th
kuppe. Au~ust, 1905, a amended by the aforesaid Pro-
Beacon No. 3 26.25' Latitude ,\bout 6 km. N. clamation No. 24 of the 12th December, 1919.
lfi.7' Longitude W. of trigonometri- GOD AVE THE KINO.
cal point Kleinspitz.
Beacon No. -l 2().38' Latitude 'eal" point "km. 5" Gi\'en unde.- m' hand at Windhuk this 12th da} of
l!i.lO' Uongitude of the east boundary february, 1920. ·
of the Fi.>kusbl.)ck E. H. L. Gorges
12 near Narisis. f\.dmimstra! ..
Beacon o. 5 2ti.-l0' L:~.titude .\bout 11 ~ km. N. N.
Hi.5' Longitude \'C of Se.>selberg. 1\:o U ,of 1920.1
and about ll1 km.
S. W. of the Erz- WHEREAS b\· Act . 'r1. -lQ of 1919 of the Parliament
berg. of the Union of South Africa authority was conferred
Beaoon No. 6 26.54' Latitude About 1 km. south upon the Om·ernor-Oeneral of the said Union to giv-
Hi.IO' Longitude of Bankwater efte<:t to any Mandate issued to the Union in pursuano..
Ganaam. of the Treaty of Peade signed at Versailks on the 28th
Beaoon No. 7 2fi.55' Latitude .\bout 11,~ km. N. N. day of June, 1919, \\lth reference to the Protectorate
l!l.l-l' Longitude W. of the south- ot outh-\X'est Africa lately under the sovereignty of
west 'corner of the Germany and by proe'lamation to apply to _the said
farm Kubub. Protectorate "ith such modifications as he may deem
Beaoon o. 27.18' Latitude .\bout 1 km . .north necessary, ha\ing regard to the conditions obtaining
lli.l8' Longitude of the oonfluence of therein, the pro,·isions of all or any of the following
the Anib and Auns laws, to \\it:- the Land ~ettlement Act, 1912, of the
Rivers. Union Parliament; the Land Settlement Act Amendm~nt
Beacon No. 9 27.:57' Latitude .\bout 7 km 111orth Act, 1917, of the Union Parliament; the Crown Land
Hi.-l2' Longitude of the watering Disposal Ordinance 1903, of the Transvaal; and the
place Obib. Crown Land Dic;;po·at Amendment Ordinance, 1906, of
Beacon No. 10 28.0' ~atitude On the northern the Trans,·aal,
lli.53' Longitude peak of the Drei- AND WHERE..\- it has not been found expedient
gratberg lit the by the Om ernor-Ueneral tn exercis<: the authority there-
Orange River. b)· donferred, -
Beacon o. 11 2lUIO' Latitude AND WHEREA.: it is desirable forthwith to apply
14.58' Longitude the pro,·isions of the Cro'' n Land Disposal Ordinance,
GOD AVE THE KINO. 19m. and the Crown Land Disposal Amendment Or-
Given under my hand at Windhuk this 4th day of dinance, 1906, aforesaid, to the Protectorate,
february, 1920. ~0\X' THEREFORE. under and by virtue of the
E. H. L. Oor~es powers in me \'ested and in pursuance of instructions
Administrator. conveved to me b\ the Prime Minister of the said Union
l do ·hereb~- d.dare, proclatm, and mak~ kn0\\11 as
No. 12 of 1920. folio'' s :-
WHERE1\S 1t 1s desirable to amend further the
provisions of the law relating to mining in the' Pro-
tectorate.
1. ubje~t to the amendments Sf't forth in
Schedule hereto the Crown Land Disposal -
dinance 19o:l of the Transvaal, as amended b) tho
~
.r~

Crown Land Disposal Amendment Ordinance-1906


NOW THEREFORE under and by virtue of the of th'e Tran '1al ·hall have effect in the Protect-
powers in me vested I do hereby dcclare, proclaim and orate.
make known as t1ollows: 2. This Proclamation may be cited for all purpose~
(lJ In section (1 1, clause (g or Proclamation No. 24 as the "Cro\\'n Land Disposal Proclamation,
dated 12th December, 1919, (hereinafter termed 1920".
''the Proclamation" the word ''objection' hall be GOD ~AVE THE KINO.
deleted and the following words substituted ther.·- Oh·en under m,· hand at Windhuk, this 25th dav
for: "finding ·on review". of februar~·. 1020. ·
(2J Section 2 lof the Proclamation shall be amended by E. H. L. Gorges
the addition thereto •of the following prO\ iso: Administrator
"provided, however, that the said date rna) ~CHEDULE.
upon application be extended to a date not
later than the 30th June, 1920, if in the opinion L GE~ERAL AMENDMENT~.
of the Mining Authority the erection t)r r"'- 1. "Cro\\ n Lands" means all unalienated land within
erection of such bea.con could not have been the Protectorate of ~outh-West Africa however
completed within the prescribed period." acquired, which was lately the property of th •
(3l The provisions of the German Imperial Coloni1l German Government and su~h further land as rna\
Office Ordinance of the 25th June, 1908, relating be acquired by the Government of the Union of
t\1 mining along the line of railwa~ bet\\ePn Lu- South Africa within the said Protectorate.
Official Gazette. 5th March, 1920. 3

2. "uazette'' me.ans the Official Gaz-ette of the said 9. Section 12 is amended


Protectorate. (a by the deletion of the \\Ords "to His Majesty
3. "Governor-General'' is substituted for .. lieuten- His Heirs and Successors'' in lines four and
ant- Governor" wherever the latter term occurs five;
in the Ordinance abovementioned or any amend- (b by the addition of the words "coloured per-
ment thereof and means the officer for the time sons" after the \\·ord "nath·es·· in line two
being administering the Government of the Union of sub-section (1 ;
of South Africa acting b) and with the advice of (c, by the deletion of sub-soction (2 and the
the Executive Council thereof substitution therefor of the following sub-
4. "Land Board" or 'Board ' means the land Board sedion:
appointed by the G'Jvernor-General in respect of "for the use or requirements of the Pro-
the Protectorate. ''tectorate Administration, or for military
"or police purposes"
5. '' Ministe.·'' is substituted · for · Commissioner'· (d l" b~ the deletion in sub-section (12 of . the
\\ he,·ever the latter term occurs in the Ordinance words ''this Colony" in line two and the sub-
abovementioned, or an) (lmendment then·ot, and stitution therefor of the words "the Pro-
means the .\1inister of Lands of the Union of South tedorate".
Africa or an} perc;on lawfully acting in that (e by rhe deletion in sub-section (15 of the words
capacity.
''This Colony" in line five and the substi.turtion
II. PARTICULAR AMENDME:'\TS. therefor of the words "the Protectorate".
1 SectiOns 1, 2, and ;j are deleted. HI Section 15 is amended bv the deletion from the
second paragraph there.)f of the "ords "Legis-
.,- 2 Sect1cn 5 is amended b~ the deletion ..>f the word:; lative Council" \\'here\ er th~.;y occur, and the sub-
"This Colon)'' m hne three and the substitution !'titution therefor of the words "Parliament of
therefor of the words ''the Prokctorate'' . the Union of South Africa".
3. SectiOn 7 sub-section!> (1 and (2 are deltted. 11. Sed.wn lli is amended by the deletion of the
4 Sect1on 7 sub-stctian (4 • is amended by tht> words "Department of Lands and Surveys" in
deletion of the words ''on the proclamation a lines three and four, and the substitution there-
public diggmgs under Law No. 15 of 1898, or fm of the \\"Ords ''Office of the Survevor-Oeneral
am amendment thereof or as a mint alluvial at \XIindhuk''. ·
digg~ngs or mining area under the Preci Ju.s Stone. 12. Section 17 is deleted. 1'-~
Ordinance 1903, .or any amendment 1hereof of
any land alienated under this Ordinance or". in U Section 18 is amended bv the deletion of the ~<? /t)O>
lin-es one to sen·n: that sub-st~ction is further words "for all or any of the following purposes"
amended by the deletion then·from of the words in lines three and four.
"mining c.r'' in lme three: that sub-~ection is also 1-1 Section 1S is further amended bv the deletion
amended bv the deletion of the '' ords ·'in manner of sub-sections (1 , (2 and (:J), and by the deletion
prc\'ided by rhe Expropriation of Lands and of the figure "(-W' in line thirteen of the section.
Arbitration Clauses Proclamation 1902" in li.ne 1 ) . The Schedule to the Ordinance is deleted.
twelve to fourteen and the substitution there-
for of the word" ''in accordance \Vith the .~ 14 of 10:?11.1
provis"ions of the law for the ;;;ettlem•.'Jltof differ-
.VHEREAS by Act No. 49 of 1919 of tbe Parliament
ences b,· arbitratir;n which is in force in the
Prc;tcdo~ate" . of the Union of South Africa authorih was conferred
upon the Go\·ernor-General of the said Union to give
5. Section S is deleted and thl• fr>IJO\\ ing :'.ect10n effect to any Mandate issued to the Union in pursuance
substituted therefor: -·
of the rreaty of Peace signed at Versailles on the 28th
"All grant~;; and le<ases of Crown Lands shall
da~ of June, 1919, \\·ith reference to the Protectorate
"be signed h.' the officer authorised in that < f S mth- West Afdca lately under the sovereignty of
"behalf bv the Governor-General and the date (;ermany and by proclamation to apply to the said
''of any such grant or lease shall be deemed Protectorate \\'ith such modifications as he may deem
''to be the date of its issue and every grant or ne'Cessary, having regard to the conditions obtaining
''lease shall be registered in th:• Deeds Office therein, the provisions of all or any of the following
"at Windhuk''. -
laws, to wit:- the Land Settlement Act, 1912, of the
6. Section () is amended br the deletion of tht•! word Union Parliament; the Land Settlement Act Amendment
''unde,· the Settlers' Oidinance, 1902, or'· in line·· Act, 1917, of the Union Parliament; "the Crown Land
three and four, and b\· the deletion of the word Disposal Ordinance 1903, of the Transvaal; and the
''the Transfer Duty Proclamation 1402, the Stamp Crov.:n Land Disposal Amendment Ordinance, 1906, of
Duties Proclamation of 1902, the Deeds Pro- the Transvaal,
clamation of 1902, Deeds Office Regulations or
an) amendmeni" of the afo.-e-mlntioned e.nact- AND WHEREAS it has not been found expedient
ments" in lines SIX to eleven, and the ;;;ubstitution by the Governor-General to exercise the authority there~
therefor of the words "any }a\\". by conferred,
1. Section 9 is further amended h\" the dektion of AND WHEREAS it is desirable forthwith to apply
the word ''Cro\\ n'' in line eighteen and the sub- the pro' isions of the Land Settlement Act, 1912, and
stitution therefor of the word ''Government''. the Land Settlement Act Amendment Act, 1917, afore-
8. Section 10 is amended s;:~id io the Protectorate,

(a by the deletion of the words ''grantee" and NOW THEREFORE, under and by virtue of the
"lessee'' in line five, and the substitution powers in me vested and in pursuance of instructions
therefor of the words "grantor'' and ··Jessor''; conveyed to me by the Prime Minister of the said Union
(b' by the deletion of the word "such" in line l do hereby declare, proclaim, and make known as
six and the substitution therefor of the word follows:-
"the"; 1. Subject to the amendments set forth in the
(c) by the deletion of the words ''of the Depart- Schedule hereto the Land Settl\•ment Act 1912
ment" in line twenty and the substitution of the Union Parliament, as amerided by the Land
therefor of the words "attached to the grant or Settlement Act Amendment Act 1917, of the Union
lease filed in the Deeds Offic~ at Windhuk". Parliament. shall have effect in the Protectorate.

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