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Updated: May 7, 2025
But perhaps the most startling case of all was that concerning the proclamation of the farm Witfontein. This farm had been proclaimed a public digging open for pegging on a certain hour of a certain day. An unprecedented rush of peggers took place.
A deliberate attempt was made two years ago by President Kruger and the Government to reduce the bench to a position subordinate to the Executive Government, and only recently we had in the Witfontein matter the last of the cases in which the Legislature interfered with vested rights of action.
Numbers of prospectors pegged out claims notwithstanding this, and the prospect of legal difficulties being imminent the Government submitted a measure to the Volksraad, passed also in defiance of Grondwet provisions, which was broadly to the effect that all persons who considered that they had claims for damages against the Government in regard to the farm Witfontein and the proclamation thereof, had none, and that the Government was absolved from all liability in this respect.
Without doubt the conditions told seriously upon their health, but as both men were endowed with exceptional physique and any amount of grit they were still able to take it smiling. It is described as the Witfontein case. See page 100. When the case came up again in due course a decision was given by Mr.
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