text:
Island Life/XX

CHAPTER XX

ANOMALOUS ISLANDS: CELEBES

 * Anomalous Relations of Celebes—Physical Features of the Island—Zoological Character of the Islands Around Celebes—The Malayan and Australian Banks—Zoology of Celebes: Mammalia—Probable Derivation of the Mammals of Celebes—Birds of Celebes—Bird-types Peculiar to Celebes—Celebes not Strictly a Continental Island—Peculiarities of the Insects of Celebes—Himalayan Types of Birds and Butterflies in Celebes—Peculiarities of Shape and Colour of Celebesian Butterflies—Concluding Remarks—Appendix on the Birds of Celebes.

The only other islands of the globe which can be classed as "ancient continental" are the larger Antilles (Cuba, Haiti, Jamaica, and Porto Rico), Iceland, and perhaps Celebes. The Antilles have been so fully discussed and illustrated in my former work, and there is so little fresh information about them, that I do not propose to treat of them here, especially as they fall short of Madagascar in all points of biological interest, and offer no problems of a different character from such as have already been sufficiently explained.

Iceland, also, must apparently be classed as belonging to the "Ancient Continental Islands," for though usually described as wholly volcanic, it is, more probably, an island of varied geological structure buried under the lavas of its numerous volcanoes. But of late years extensive Tertiary deposits of Miocene age have been discovered, showing that it is not a mere congeries of volcanoes; it is connected with the British Islands and with Greenland by seas less than 500 fathoms deep; and it possesses a few mammalia, one of which is peculiar, and at least three peculiar species of birds. It was therefore almost certainly united with Greenland, and probably with Europe by way of Britain, in the early part of the Tertiary period, and thus afforded one of the routes by which that intermigration of American and European animals and plants was effected which we know occurred during some portion of the Eocene and Miocene periods, and probably also in the Pliocene. The fauna and flora of this island are, however, so poor, and offer so few peculiarities, that it is unnecessary to devote more time to their consideration.

There remains the great Malay island—Celebes, which, owing to its possession of several large and very peculiar mammalia, must be classed, zoologically, as "ancient continental"; but whose central position and relations both to Asia and to Australia render it very difficult to decide in which of the primary zoological regions it ought to be placed, or whether it has ever been united with either of the great continents. Although I have pretty fully discussed its zoological peculiarities and past history in my Geographical Distribution of Animals, it seems advisable to review the facts on the present occasion, more especially as the systematic investigation of the characteristics of continental islands we have now made will place us in a better position for determining its true zoo-geographical relations.

Physical Features of Celebes.—This large and still comparatively unexplored island is interesting to the geographer on account of its remarkable outline, but much more so to the zoologist for its curious assemblage of animal forms. The geological structure of Celebes is almost unknown. The extremity of the northern peninsula is volcanic; while in the southern peninsula there are extensive deposits of a crystalline limestone, in some places overlying basalt. Gold is found in the northern peninsula and in the central mass, as well as iron, tin, and copper in small quantities; so that there can be little doubt that the mountain ranges of the interior consist of ancient stratified rocks.

[[Image:Wallace_Island_Life_p452.png|center|375px|thumb| MAP OF CELEBES AND THE SURROUNDING ISLANDS.

The depth of sea is shown by three tints: the lightest indicating less than 100 fathoms, the medium tint less than 1,000 fathoms, and the dark tint more than 1,000 fathoms. The figures show depths in fathoms.]]

It is not yet known whether Celebes is completely separated from the surrounding islands by a deep sea, but the facts at our command render it probable that it is so. The northern and eastern portions of the Celebes Sea have been ascertained to be from 2,000 to 2,600 fathoms deep, and such depths may extend over a considerable portion of it, or even be much exceeded in the centre. In the Molucca passage a single sounding on the Gilolo side gave 1,200 fathoms, and a large part of the Molucca and Banda Seas probably exceed 2,000 fathoms. The southern portion of the Straits of Macassar is full of coral reefs, and a shallow sea of less than 100 fathoms extends from Borneo to within about forty miles of the western promontory of Celebes; but farther north there is deep water close to the shore, and it seems probable that a deep channel extends quite through the straits, which have no doubt been much shallowed by the deposits from the great Bornean rivers as well as by those of Celebes itself. Southward again, the chain of volcanic islands from Bali to Timor appears to rise out of a deep ocean, the few soundings we possess showing depths of from 670 to 1,300 fathoms almost close to their northern shores. We seem justified, therefore, in concluding that Celebes is entirely surrounded by a deep sea, which has, however, become partially filled up by river deposits, by volcanic upheaval, or by coral reefs. Such shallows, where they exist, may therefore be due to antiquity and isolation, instead of being indications of a former union with any of the surrounding islands.

Zoological Character of the Islands around Celebes.—In order to have a clear conception of the peculiar character of the Celebesian fauna, we must take into account that of the surrounding countries from which we may suppose it to have received immigrants. These we may divide broadly into two groups, those on the west belonging to the Oriental region of our zoological geography, and those on the east belonging to the Australian region. Of the first group Borneo is a typical representative; and from its proximity and the extent of its opposing coasts it is the island which we should expect to show most resemblance to Celebes. We have already seen that the fauna of Borneo is essentially the same as that of Southern Asia, and that it is excessively rich in all the Malayan types of mammalia and birds. Java and Bali closely resemble Borneo in general character, though somewhat less rich and with several peculiar forms; while the Philippine Islands, though very much poorer, and with a greater amount of speciality, yet exhibit essentially the same character. These islands, taken as a whole, may be described as having a fauna almost identical with that of Southern Asia; for no family of mammalia is found in the one which is absent from the other, and the same may be said, with very few and unimportant exceptions, of the birds; while hundreds of genera and of species are common to both.

In the islands east and south of Celebes—the Moluccas, New Guinea, and the Timor group from Lombok eastward—we find, on the other hand, the most wonderful contrast in the forms of life. Of twenty-seven families of terrestrial mammals found in the great Malay islands, all have disappeared but four, and of these it is doubtful whether two have not been introduced by man. We also find here four families of Marsupials, all totally unknown in the western islands. Even birds, though usually more widely spread, show a corresponding difference, about eleven Malayan families being quite unknown east of Celebes, where six new families make their appearance which are equally unknown to the westward.

We have here a radical difference between two sets of islands not very far removed from each other, the one set belonging zoologically to Asia, the other to Australia. The Asiatic or Malayan group is found to be bounded strictly by the eastward limits of the great bank (for the most part less than fifty fathoms below the surface) which stretches out from the Siamese and Malayan peninsula as far as Java, Sumatra, Borneo, and the Philippines. To the east another bank unites New Guinea and the Papuan Islands as far as Aru, Mysol, and Waigiou, with Australia; while the Moluccas and Timor groups are surrounded by much deeper water, which forms, in the Banda and Celebes Seas and perhaps in other parts of this area, great basins of enormous depths (2,000 to 3,000 fathoms or even more) enclosed by tracts under a thousand fathoms, which separate the basins from each other and from the adjacent Pacific and Indian Oceans (see map). This peculiar formation of the sea-bottom probably indicates that this area has been the seat of great local upheavals and subsidences; and it is quite in accordance with this view that we find the Moluccas, while closely agreeing with New Guinea in their forms of life, yet strikingly deficient in many important groups, and exhibiting an altogether poverty-stricken appearance as regards the higher animals. It is a suggestive fact that the Philippine Islands bear an exactly parallel relation to Borneo, being equally deficient in many of the higher groups; and here too, in the Sooloo Sea, we find a similar enclosed basin of great depth. Hence we may in both cases connect, on the one hand, the extensive area of land-surface and of adjacent shallow sea with a long period of stability and a consequent rich development of the forms of life; and, on the other hand, a highly broken land-surface with the adjacent seas of great but very unequal depths, with a period of disturbance, probably involving extensive submersions of the land, resulting in a scanty and fragmentary vertebrate fauna.

Zoology of Celebes.—The zoology of Celebes differs so remarkably from that of both the great divisions of the Archipelago above indicated, that it is very difficult to decide in which to place it. It possesses only about sixteen species of terrestrial mammalia, so that it is at once distinguished from Borneo and Java by its extreme poverty in this class. Of this small number four belong to the Moluccan and Australian fauna—there being two marsupials of the genus Cuscus, and two forest rats said to be allied to Australian types.

The remaining twelve species are, generally speaking, of Malayan or Asiatic types, but some of them are so peculiar that they have no near allies in any part of the world; while the rest are of the ordinary Malay type or even identical with Malayan species, and some of these may be recent introductions through human agency. These twelve species of Asiatic type will be now enumerated. They consist of five peculiar squirrels—a group unknown farther east; a peculiar species of wild pig; a deer so closely allied to the Cervus hippelaphus of Borneo that it may well have been introduced by man both here and in the Moluccas; a civet, Viverra tangalunga, common in all the Malay Islands, and also perhaps introduced; the curious Malayan tarsier (Tarsius spectrum) said to be only found in a small island off the coast;—and besides these, three remarkable animals, all of large size and all quite unlike anything found in the Malay Islands or even in Asia. These are a black and almost tailless baboon-like ape (Cynopithecus nigrescens); an antelopean buffalo (Anoa depressicornis), and the strange babirusa (Babirusa alfurus).

None of these three animals last mentioned has any close allies elsewhere, and their presence in Celebes may be considered the crucial fact which must give us the clue to the past history of the island. Let us then see what they teach us. The ape is apparently somewhat intermediate between the great baboons of Africa and the short-tailed macaques of Asia, but its cranium shows a nearer approach to the former group, in its flat projecting muzzle, large superciliary crests, and maxillary ridges. The anoa, though anatomically allied to the buffaloes, externally more resembles the bovine antelopes of Africa; while the babirusa is altogether unlike any other living member of the swine family, the canines of the upper jaws growing directly upwards like horns, forming a spiral curve over the eyes, instead of downwards, as in all other mammalia. An approach to this peculiarity is made by the African wart-hogs, in which the upper tusk grows out laterally and then curves up; but these animals are not otherwise closely allied to the babirusa.

Probable Derivation of the Mammals of Celebes.—It is clear that we have here a group of extremely peculiar, and, in all probability, very ancient forms, which have been preserved to us by isolation in Celebes, just as the monotremes and marsupials have been preserved in Australia, and so many of the lemurs and Insectivora in Madagascar. And this compels us to look upon the existing island as a fragment of some ancient land, once perhaps forming part of the great northern continent, but separated from it far earlier than Borneo, Sumatra, and Java. The exceeding scantiness of the mammalian fauna, however, remains to be accounted for. We have seen that Formosa, a much smaller island, contains more than twice as many species; and we may be sure that at the time when such animals as apes and buffaloes existed, the Asiatic continent swarmed with varied forms of mammals to quite as great an extent as Borneo does now. If the portion of separated land had been anything like as large as Celebes now is, it would certainly have preserved a far more abundant and varied fauna. To explain the facts we have the choice of two theories:—either that the original island has since its separation been greatly reduced by submersion, so as to lead to the extinction of most of the higher land animals; or, that it originally formed part of an independent land stretching eastward, and was only united with the Asiatic continent for a short period, or perhaps even never united at all, but so connected by intervening islands separated by narrow straits that a few mammals might find their way across. The latter supposition appears best to explain the facts. The three animals in question are such as might readily pass over narrow straits from island to island; and we are thus better enabled to understand the complete absence of the arboreal monkeys, of the Insectivora, and of the very numerous and varied Carnivora and Rodents of Borneo, all of which except the squirrels are entirely unrepresented in Celebes by any peculiar and ancient forms.

The question at issue can only be finally determined by geological investigations. If Celebes has once formed part of Asia, and participated in its rich mammalian fauna, which has been since destroyed by submergence, then some remains of this fauna must certainly be preserved in caves or late Tertiary deposits, and proofs of the submergence itself will be found when sought for. If, on the other hand, the existing animals fairly represent those which have ever reached the island, then no such remains will be discovered, and there need be no evidence of any great and extensive subsidence in late Tertiary times.

Birds of Celebes.—Having thus clearly placed before us the problem presented by the mammalian fauna of Celebes, we may proceed to see what additional evidence is afforded by the birds and any other groups of which we have sufficient information. About 164 species of true land-birds are now known to inhabit the island of Celebes itself. Considerably more than half of these (ninety-four species) are peculiar to it; twenty-nine are found also in Borneo and the other Malay Islands, to which they specially belong; while sixteen are common to the Moluccas or other islands of the Australian region; the remainder being species of wide range and not characteristic of either division of the Archipelago. We have here a large preponderance of western over eastern species of birds inhabiting Celebes, though not to quite so great an extent as in the mammalia; and the inference to be drawn from this fact is, simply, that more birds have migrated from Borneo than from the Moluccas—which is exactly what we might expect both from the greater extent of the coast of Borneo opposite that of Celebes, and also from the much greater richness in species of the Bornean than the Moluccan bird-fauna.

It is, however, to the relations of the peculiar species of Celebesian birds that we must turn, in order to ascertain the origin of the fauna in past times; and we must look to the source of the generic types which they represent to give us this information. The ninety-four peculiar species above noted belong to about sixty-six genera, of which about twenty-three are common to the whole Archipelago, and have therefore little significance. Of the remainder, twelve are altogether peculiar to Celebes; twenty-one are Malayan, but not Moluccan or Australian; while ten are Moluccan or Australian, but not Malayan. This proportion does not differ much from that afforded by the non-peculiar species; and it teaches us that, for a considerable period, Celebes has been receiving immigrants from all sides, many of which have had time to become modified into distinct representative species. These evidently belong to the period during which Borneo on the one side, and the Moluccas on the other, have occupied very much the same relative position as now. There remain the twelve peculiar Celebesian genera, to which we must look for some further clue as to the origin of the older portion of the fauna; and as these are especially interesting we must examine them somewhat closely.

Bird-types Peculiar to Celebes.—First we have Artamides, one of the Campephaginæ or caterpillar-shrikes—a not very well-marked genus, and which may have been derived, either from the Malayan or the Moluccan side of the Archipelago. Two peculiar genera of kingfishers—Monachalcyon and Cittura—seem allied, the former to the widespread Todiramphus and to the Caridonax of Lombok, the latter to the Australian Melidora. Another kingfisher, Ceycopsis, combines the characters of the Malayan Ceyx and the African Ispidina, and thus forms an example of an ancient generalised form analogous to what occurs among the mammalia. Streptocitta is a peculiar form allied to the magpies; while Basilornis (found also in Ceram), Enodes, and Scissirostrum, are very peculiar starlings, the latter altogether unlike any other bird, and perhaps forming a distinct sub-family. Meropogon is a peculiar bee-eater, allied to the Malayan Nyctiornis; Rhamphococyx is a modification of Phænicophaes, a Malayan genus of cuckoos; Prioniturus (found also in the Philippines) is a genus of parrots distinguished by raquet-formed tail feathers, altogether unique in the order; while Megacephalon is a remarkable and very isolated form of the Australian Megapodiidæ, or mound-builders.

Omitting those whose affinity may be pretty clearly traced to groups still inhabiting the islands of the western or the eastern half of the Archipelago, we find four birds which have no near allies at all, but appear to be either ancestral forms, or extreme modifications, of Asiatic or African birds—Basilornis, Enodes, Scissirostrum, Ceycopsis. These may fairly be associated with the baboon-ape, anoa, and babirusa, as indicating extreme antiquity and some communication with the Asiatic continent at a period when the forms of life and their geographical distribution differed considerably from what they are at the present time.

But here again we meet with exactly the same difficulty as in the mammalia, in the comparative poverty of the types of birds now inhabiting Celebes. Although the preponderance of affinity, especially in the case of its more ancient and peculiar forms, is undoubtedly with Asia rather than with Australia; yet, still more decidedly than in the case of the mammalia, are we forbidden to suppose that it ever formed a part of the old Asiatic continent, on account of the total absence of so many important and extensive groups of Asiatic birds. It is not single species or even genera, but whole families that are thus absent, and among them families which are pre-eminently characteristic of all tropical Asia. Such are the Timaliidæ, or babblers, of which there are twelve genera in Borneo, and nearly thirty genera in the Oriental Region, but of which one species only, hardly distinguishable from a Malayan form, inhabits Celebes; the Phyllornithidæ, or green bulbuls, and the Pycnonotidæ, or bulbuls, both absolutely ubiquitous in tropical Asia and Malaya, but unknown in Celebes; the Eurylæmidæ, or gapers, found everywhere in the great Malay Islands; the Megalæmidæ, or barbets; the Trogonidæ, or trogons; and the Phasianidæ, or pheasants, all pre-eminently Asiatic and Malayan but all absent from Celebes, with the exception of the common jungle-fowl, which, owing to the passion of Malays for cock-fighting, may have been introduced. To these important families may be added Asiatic and Malayan genera by the score; but, confining ourselves to these seven ubiquitous families, we must ask,—Is it possible, that, at the period when the ancestors of the peculiar Celebes mammals entered the island, and when the forms of life, though distinct, could not have been quite unlike those now living, it could have actually formed a part of the continent without possessing representatives of the greater part of these extensive and important families of birds? To get rid altogether of such varied and dominant types of bird-life by any subsequent process of submersion is more difficult than to exterminate mammalia; and we are therefore again driven to our former conclusion—that the present land of Celebes has never (in Tertiary times) been united to the Asiatic continent, but has received its population of Asiatic forms by migration across narrow straits and intervening islands. Taking into consideration the amount of affinity on the one hand, and the isolation on the other, of the Celebesian fauna, we may probably place the period of this earlier migration in the early part of the latter half of the Tertiary period, that is, in middle or late Miocene times.

Celebes not Strictly a Continental Island.—A study of the mammalian and of the bird-fauna of Celebes thus leads us in both cases to the same conclusion, and forbids us to rank it as a strictly continental island on the Asiatic side. But facts of a very similar character are equally opposed to the idea of a former land-connection with Australia or New Guinea, or even with the Moluccas. The numerous marsupials of those countries are all wanting in Celebes, except the phalangers of the genus Cuscus, and these arboreal creatures are very liable to be carried across narrow seas on trees uprooted by earthquakes or floods. The terrestrial cassowaries are equally absent; and thus we can account for the presence of all the Moluccan or Australian types actually found in Celebes without supposing any land-connection on this side during the Tertiary period. The presence of the Celebes ape in the island of Batchian, and of the babirusa in Bouru, can be sufficiently explained by a somewhat closer approximation of the respective lands, or by a few intervening islands which have since disappeared, or it may even be due to human agency.

If the explanation now given of the peculiar features presented by the fauna of Celebes be the correct one, we are fully justified in classing it as an "anomalous island," since it possesses a small but very remarkable mammalian fauna, without ever having been directly united with any continent or extensive land; and, both by what it has and what it wants, occupies such an exactly intermediate position between the Oriental and Australian regions that it will perhaps ever remain a mere matter of opinion with which it should properly be associated. Forming, as it does, the western limit of such typical Australian groups as the Marsupials among mammalia, and the Trichoglossidæ and Meliphagidæ among birds, and being so strikingly deficient in all the more characteristic Oriental families and genera of both classes, I have always placed it in the Australian Region; but it may perhaps with equal propriety be left out of both till a further knowledge of its geology enables us to determine its early history with more precision.

Peculiarities of the Insects of Celebes.—The only other class of animals in Celebes, of which we have a tolerable knowledge, is that of insects, among which we meet with peculiarities of a very remarkable kind, and such as are found in no other island on the globe. Having already given a full account of some of these peculiarities in a paper read before the Linnean Society—republished in my Contributions to the Theory of Natural Selection,—while others have been discussed in my Geographical Distribution of Animals (Vol. I. p. 434)—I will only here briefly refer to them in order to see whether they accord with, or receive any explanation from, the somewhat novel view of the past history of the island here advanced.

The general distribution of the two best known groups of insects—the butterflies and the beetles—agrees very closely with that of the birds and mammalia, inasmuch as Celebes forms the eastern limit of a number of Asiatic and Malayan genera, and at the same time the western limit of several Moluccan and Australian genera, the former perhaps preponderating as in the higher animals.

Himalayan Types of Birds and Butterflies in Celebes.—A curious fact of distribution exhibited both among butterflies and birds, is the occurrence in Celebes of species and genera unknown to the adjacent islands, but only found again when we reach the Himalayan mountains or the Indian Peninsula. Among birds we have a small yellow flycatcher (Myialestes helianthea), a flower-pecker (Pachyglossa aureolimbata), a finch (Munia brunneiceps), and a roller (Coracias temminckii), all closely allied to Indian (not Malayan) species,—all the genera, except Munia, being, in fact, unknown in any Malay island. An exactly parallel case is that of a butterfly of the genus Dichorrhagia, which has a very close ally in the Himalayas, but nothing like it in any intervening country. These facts call to mind the similar case of Formosa, where some of its birds and mammals occurred again, under identical or closely allied forms, in the Himalayas; and in both instances they can only be explained by going back to a period when the distribution of these forms was very different from what it is now.

Peculiarities of Shape and Colour in Celebesian Butterflies.—Even more remarkable are the peculiarities of shape and colour in a number of Celebesian butterflies of different genera. These are found to vary all in the same manner, indicating some general cause of variation able to act upon totally distinct groups, and produce upon them all a common result. Nearly thirty species of butterflies, belonging to three different families, have a common modification in the shape of their wings, by which they can be distinguished at a glance from their allies in any other island or country whatever; and all these are larger than the representative forms inhabiting most of the adjacent islands. No such remarkable local modification as this is known to occur in any other part of the globe; and whatever may have been its cause, that cause must certainly have been long in action, and have been confined to a limited area. We have here, therefore, another argument in favour of the long-continued isolation of Celebes from all the surrounding islands and continents—a hypothesis which we have seen to afford the best, if not the only, explanation of its peculiar vertebrate fauna.

Concluding Remarks.—If the view here given of the origin of the remarkable Celebesian fauna is correct, we have in this island a fragment of the great eastern continent which has preserved to us, perhaps from Miocene times, some remnants of its ancient animal forms. There is no other example on the globe of an island so closely surrounded by other islands on every side, yet preserving such a marked individuality in its forms of life; while, as regards the special features which characterise its insects, it is, so far as yet known, absolutely unique. Unfortunately very little is known of the botany of Celebes, but it seems probable that its plants will to some extent partake of the speciality which so markedly distinguishes its animals; and there is here a rich field for any botanist who is able to penetrate to the forest-clad mountains of its interior.

APPENDIX TO CHAPTER XX

The following list of the Land Birds of Celebes and the adjacent islands which partake of its zoological peculiarities, in which are incorporated all the species discovered up to 1890, has been drawn up from the following sources:—

 * 1. A List of the Birds known to inhabit the Island of Celebes, By Arthur, Viscount Walden, F.R.S. (Trans. Zool. Soc. 1872. Vol. viii. pt. ii.)

 * 2. Intorno al Genere Hermotimia. (Rchb.) Nota di Tommaso Salvadori. (Atti della Reale Accademia delle Scienze di Torino. Vol x. 1874.)

 * 3. Intorno a due Collezioni di Ucelli di Celebes—Note di Tommaso Salvadori. (Annali del Mus. Civ. di St. Nat. di Genova. Vol. vii. 1875.)

 * 4. Beiträge zur Ornithologie von Celebes und Sangir. Von Dr. Friedrich Brüggemann. Bremen, 1876.

 * 5. Intorno a due piccole Collezioni di Ucelli di Isole Sanghir e di Tifore. Nota di Tommaso Salvadori. (Annali del Mus. Civ. di St. Nat. di Genova. Vol. ix. 1876-77.)

 * 6. Intorno alle Specie di Nettarinie delle Molucche e del Gruppo di Celebes. Note di Tommaso Salvadori. (Atti della Reale Accad. delle Scienze di Torino. Vol. xii. 1877.)

 * 7. Descrizione di tre Nuove Specie di Ucelli, e note intorno ad altre poco conosciute delle Isole Sanghir. Per Tommaso Salvadori. (L. c. Vol. xiii. 1878.)

 * 8. Field Notes on the Birds of Celebes. By A. B. Meyer, M.D., &c. (Ibis, 1879.)

 * 9. On the Collection of Birds made by Dr. Meyer during his Expedition to New Guinea and some neighbouring Islands. By R. Boulder Sharpe. (Mitth. d. kgl. Zool. Mus. Dresden, 1878. Heft 3.) New species from the Sula and Sanghir Islands are described.

 * 10. List of Birds from the Sula Islands (East of Celebes) with Descriptions of the New Species. By Alfred Russel Wallace, F.Z.S. (Proc. Zool. Soc. 1862, p. 333.)

 * 11. The Zoological Record, and "The Ibis" to 1890.

LIST OF LAND BIRDS OF CELEBES

N.B.—The Species marked with an * are not included in Viscount Walden's list. For these only, an authority is usually given.

167

168 For outline figures of the chief types of these butterflies, see my Malay Archipelago, Vol. I. p. 441, or p. 216 of the tenth edition.

title: Island Life/XX


text:
Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 8

CHAPTER 8

The Public Protector, Human Rights Commission, Commission on Gender Issues and Restitution of Land Rights

THE PUBLIC PROTECTOR

Establishment and appointment

110. (1) There shall be a Public Protector for the Republic.

(2) The President shall, whenever it becomes necessary, appoint as the Public Protector a person—

nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to serve on the committee; and approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting:

Provided that if any nomination is not approved as required in paragraph (b), the joint committee shall nominate another person.

(3) The first appointment of a person as the Public Protector after the commencement of this Constitution shall be made as soon as possible after the first sitting of the Senate under this Constitution.

(4) The Public Protector shall be a South African citizen who is a fit and proper person to hold such office, and who—

is a Judge of the Supreme Court of South Africa; or is qualified to be admitted as an advocate and has, for a cumulative period of at least 10 years after having so qualified—

practised as an advocate or an attorney; or lectured in law at a university; or

has specialised knowledge of or experience for a period of at least 10 years in the administration of justice, public administration or public finance.

(5) Unless the new constitutional text provides otherwise, the Public Protector shall hold office for a period of seven years.

(6) The remuneration and other terms and conditions of employment of the Public Protector shall be as prescribed by or under an Act of Parliament, and such remuneration shall not be reduced, nor shall such terms and conditions be adversely altered, during his or her term of office.

(7) The Public Protector shall not perform remunerative work outside his or her official duties.

(8) The Public Protector may be removed from office by the President, but only on the grounds of misbehaviour, incapacity or incompetence, determined by a joint committee of the Houses of Parliament, composed as provided in subsection (2)(a), and upon receipt of an address from both the National Assembly and the Senate requesting such removal.

(9) A Public Protector who is the subject of an investigation by a joint committee in terms of subsection (8), may be suspended by the President pending a decision in such investigation.

Establishment and appointments

115. (1) There shall be a Human Rights Commission, which shall consist of a chairperson and 10 members who are fit and proper persons, South African citizens and broadly representative of the South African community.

(2) The members of the Commission shall be appointed as provided in subsection (3) and vacancies in the Commission shall be filled accordingly.

(3) The President shall, whenever it becomes necessary, appoint as a member of the Commission a person—

nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to participate in the committee; and approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting:

Provided that if any nomination is not approved as required in paragraph (b), the joint committee shall nominate another person.

(4) The first members of the Commission after the commencement of this Constitution, shall be appointed as soon as possible after the first sitting of the Senate under this Constitution.

(5) A Chairperson and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Language and the Study of Language.djvu/110

88 rough material, an expulsion of air, in greater or less force; the vocal cords in the larynx, by their approximation. and vibration, give to this material resonance and tone; while it receives its final form, its articulate character, by the modifying action of the tongue, palate, and lips. Each articulation thus represents a certain position of the shaping organs of the mouth, through which a certain kind and amount of material is emitted. A word is composed of a series of such articulations, and implies a succession of changes of position in the mouth-organs, often accompanied by changes in the action of the larynx upon the passing column of air. Thus, for example, in the word friendly. At first, the tips of the upper teeth are pressed upon the edge of the lower lip, and simple breath, not intonated in the larynx, is forced out between the two organs: the rustling thus produced is the f-sound. The teeth and lips are now released from service, and the tip of the tongue is brought near to the roof of the mouth at a point a little way behind the gums; at the same instant, the vocal cords are raised and strained, so that the escaping air sets them in vibration and becomes sonant; tone, instead of mere breath, is expelled; and the sound of r is heard. Next the tongue is moved again; its point is depressed in the mouth, and its middle raised toward the palate, yet not so near but that the sonant breath comes forth freely, giving an opener, a more sonorous and continuable tone than either of the preceding positions yielded: this we call a vowel, short e. Once more the tip of the tongue approaches the upper part of the mouth behind the teeth, and this time forms a close contact there, cutting off all exit of the breath through the oral passage; but the passage of the nose is opened for its escape, and we hear the nasal n. To produce the next sound, d, the only change needed is the closure of the nasal passage; the mouth and nose being both shut, no emission of breath is possible; yet the tone does not cease; breath enough to support for an instant the sonant vibration of the vocal cords is forced up into the closed cavity of the mouth, behind the tongue: were the vibration and tone intermitted during the instant of closure, the sound uttered would be a t, instead of a d. Before the oral cavity is so full


text:
Island Life/XXI

CHAPTER XXI

ANOMALOUS ISLANDS: NEW ZEALAND

 * Position and Physical Features of New Zealand—Zoological Character of New Zealand—Mammalia—Wingless Birds Living and Extinct—Recent Existence of the Moa—Past Changes of New Zealand deduced from its Wingless Birds—Birds and Reptiles of New Zealand—Conclusions from the Peculiarities of the New Zealand Fauna.

The fauna of New Zealand has been so recently described, and its bearing on the past history of the islands so fully discussed in my large work already referred to, that it would not be necessary to introduce the subject again, were it not that we now approach it from a somewhat different point of view, and with some important fresh material, which will enable us to arrive at more definite conclusions as to the nature and origin of this remarkable fauna and flora. The present work is, besides, addressed to a wider class of readers than my former volumes, and it would be manifestly incomplete if all reference to one of the most remarkable and interesting of insular faunas was omitted.

The two great islands which mainly constitute New Zealand are together about as large as the kingdom of Italy. They stretch over thirteen degrees of latitude in the warmer portion of the south-temperate zone, their extreme points corresponding to the latitudes of Vienna and Cyprus. Their climate throughout is mild and equable, their vegetation is luxuriant, and deserts or uninhabitable regions are as completely unknown as in our own islands.

The geological structure of these islands has a decidedly continental character. Ancient sedimentary rocks, granite, and modern volcanic formations abound; gold, silver, copper, tin, iron, and coal are plentiful; and there are also some considerable deposits of early or late Tertiary age. The Secondary rocks alone are very scantily developed, and such fragments as exist are chiefly of Cretaceous age, often not clearly separated from the succeeding Eocene beds.

The position of New Zealand, in the great Southern Ocean, about 1,200 miles distant from the Australian continent, is very isolated. It is surrounded by a moderately deep ocean; but the form of the sea-bottom is peculiar, and may help us in the solution of some of the anomalies presented by its living productions. The line of 200 fathoms encloses the two islands and extends their area considerably; but the 1,000-fathom line, which indicates the land-area that would be produced if the sea-bottom were elevated 6,000 feet, has a very remarkable conformation, extending in a broad mass westward and northward, then sending out a great arm reaching to beyond Lord Howe's Island. Norfolk Island is situated on a moderate-sized bank, while two others, much more extensive, to the north-west approach the great barrier reef, which here carries the 1,000-fathom line more than 300 miles from the coast. It is probable that a bank, less than 1,500 fathoms below the surface, extends over this area, thus forming a connection with tropical Australia and New Guinea. Temperate Australia, on the other hand, is divided from New Zealand by an oceanic gulf about 700 miles wide and between 2,000 and 3,000 fathoms deep. The 2,000-fathom line embraces all the islands immediately round New Zealand as far as the Fijis to the north, while a submarine plateau at a depth somewhere between one and two thousand fathoms stretches southward to the Antarctic continent. Judging from these indications, we should say that the most probable ancient connections of New Zealand were with tropical Australia, New Caledonia, and the Fiji Islands, and perhaps at a still more remote epoch, with the great Southern continent by means of intervening lands and islands; and we shall find that a land-connection or near approximation in these two directions, at remote periods, will serve to explain many of the remarkable anomalies which these islands present.

Zoological Character of New Zealand.—We see, then, that both geologically and geographically New Zealand has more of the character of a "continental" than of an "oceanic" island, yet its zoological characteristics are such as almost to bring it within the latter category—and it is this which gives it its anomalous character. It is usually considered to possess no indigenous mammalia; it has no snakes, and only one frog; it possesses (living or quite recently extinct) an extensive group of birds incapable of flight; and its productions generally are wonderfully isolated, and seem to bear no predominant or close relation to those of Australia or any other continent. These are the characteristics of an oceanic island; and thus we find that the inferences from its physical structure and those from its forms of life directly contradict each other. Let us see how far a closer examination of the latter will enable us to account for this apparent contradiction.

Mammalia of New Zealand.—The only undoubtedly indigenous mammalia appear to be two species of bats, one of which (Scotophilus tuberculatus) is, according to Mr. Dobson, identical with an Australian form, while the other (Mystacina tuberculata) forms a very remarkable and isolated genus of Emballonuridæ, a family which extends throughout all the tropical regions of the globe. The genus Mystacina was formerly considered to belong to the American Phyllostomidæ, but this has been shown to be an error. The poverty of New Zealand in bats is very remarkable when compared with our own islands where there are at least twelve distinct species, though we have a far less favourable climate.

Of the existence of truly indigenous land mammals in New Zealand there is at present no positive evidence, but there is some reason to believe that one if not two species may be found there. The Maoris say that before Europeans came to their country a forest-rat abounded and was largely used for food. They believe that their ancestors brought it with them when they first came to the country; but it has now become almost, if not quite, exterminated by the European brown rat. What this native animal was is still somewhat doubtful. Several specimens have been caught at different times which have been declared by the natives to be the true Kiore Maori—as they term it, but these have usually proved on examination to be either the European black rat or some of the native Australian rats which now often find their way on board ships. But within the last few years many skulls of a rat have been obtained from the old Maori cooking-places, and from a cave associated with moa bones; and Captain Hutton, who has examined them, states that they belong to a true Mus, but differ from the Mus rattus. This animal might have been on the islands when the Maoris first arrived, and in that case would be truly indigenous; while the Maori legend of their "ancestors" bringing the rat from their Polynesian home may be altogether a myth invented to account for its presence in the islands, because the only other land mammal which they knew—the dog—was certainly so brought. The question can only be settled by the discovery of remains of a rat in some deposit of an age decidedly anterior to the first arrival of the Maori race in New Zealand.

Much more interesting is the reported existence in the mountains of the South Island of a small otter-like animal. Dr. Haast has seen its tracks, resembling those of our European otter, at a height of 3,000 feet above the sea in a region never before trodden by man; and the animal itself was seen by two gentlemen near Lake Heron, about seventy miles due west of Christchurch. It was described as being dark brown and the size of a large rabbit. On being struck at with a whip, it uttered a shrill yelping sound and disappeared in the water. An animal seen so closely as to be struck at with a whip could hardly have been mistaken for a dog—the only other animal that it could possibly be supposed to have been, and a dog would certainly not have "disappeared in the water." This account, as well as the footsteps, point to an aquatic animal; and if it now frequents only the high alpine lakes and streams, this might explain why it has never yet been captured. Hochstetter also states that it has a native name—Waitoteke—a striking evidence of its actual existence, while a gentleman who lived many years in the district assures me that it is universally believed in by residents in that part of New Zealand. The actual capture of this animal and the determination of its characters and affinities could not fail to aid us greatly in our speculations as to the nature and origin of the New Zealand fauna.

Wingless Birds, Living and Extinct.—Almost equally valuable with mammalia in affording indications of geographical changes are the wingless birds for which New Zealand is so remarkable. These consist of four species of Apteryx, called by the natives "kiwis,"—creatures which hardly look like birds owing to the apparent absence (externally) of tail or wings and the dense covering of hair-like feathers. They vary in size from that of a small fowl up to that of a turkey, and have a long slightly curved bill, somewhat resembling that of the snipe or ibis. Two species appear to be confined to the South Island, and one to the North Island, but all are becoming scarce, and they will no doubt gradually become extinct. These birds are generally classed with the Struthiones or ostrich tribe, but they form a distinct family, and in many respects differ greatly from all other known birds.

But besides these, a number of other wingless birds, called "moas," inhabited New Zealand during the period of human occupation, and have only recently become extinct. These were much larger birds than the kiwis, and some of them were even larger than the ostrich, a specimen of Dinornis maximus mounted in the British Museum in its natural attitude being eleven feet high. They agreed, however, with the living Apteryx in the character of the pelvis and some other parts of the skeleton, while in their short bill and in some important structural features they resembled the emu of Australia and the cassowaries of New Guinea. No less than eleven distinct species of these birds have now been discovered; and their remains exist in such abundance—in recent fluviatile deposits, in old native cooking places, and even scattered on the surface of the ground—that complete skeletons of several of them have been put together, illustrating various periods of growth from the chick up to the adult bird. Feathers have also been found attached to portions of the skin, as well as the stones swallowed by the birds to assist digestion, and eggs, some containing portions of the embryo bird; so that everything confirms the statements of the Maoris—that their ancestors found these birds in abundance on the islands, that they hunted them for food, and that they finally exterminated them only a short time before the arrival of Europeans. Bones of Apteryx are also found fossil, but apparently of the same species as the living birds. How far back in geological time these creatures or their ancestral types lived in New Zealand we have as yet no evidence to show. Some specimens have been found under a considerable depth of fluviatile deposits which may be of Quaternary or even of Pliocene age; but this evidently affords us no approximation to the time required for the origin and development of such highly peculiar insular forms.

Past Changes of New Zealand deduced from its Wingless Birds.—It has been well observed by Captain Hutton, in his interesting paper already referred to, that the occurrence of such a number of species of Struthious birds living together in so small a country as New Zealand is altogether unparalleled elsewhere on the globe. This is even more remarkable when we consider that the species are not equally divided between the two islands, for remains of no less than ten out of the eleven known species of Dinornis have been found in a single swamp in the South Island, where also three of the species of Apteryx occur. The New Zealand Struthiones, in fact, very nearly equal in number those of all the rest of the world, and nowhere else do more than three species occur in any one continent or island, while no more than two ever occur in the same district. Thus, there appear to be two closely allied species of ostriches inhabiting Africa and South-western Asia respectively. South America has three species of Rhea, each in a separate district. Australia has an eastern and a western variety of emu, and a cassowary in the north; while eight other cassowaries are known from the islands north of Australia—one from Ceram, two from the Aru Islands, one from Jobie, one from New Britain, and three from New Guinea—but of these last one is confined to the northern and another to the southern part of the island.

This law, of the distribution of allied species in separate areas—which is found to apply more or less accurately to all classes of animals—is so entirely opposed to the crowding together of no less that fifteen species of wingless birds in the small area of New Zealand, that the idea is at once suggested of great geographical changes. Captain Hutton points out that if the islands from Ceram to New Britain were to become joined together, we should have a large number of species of cassowary (perhaps several more than are yet discovered) in one land area. If now this land were gradually to be submerged, leaving a central elevated region, the different species would become crowded together in this portion just as the moas and kiwis were in New Zealand. But we also require, at some remote epoch, a more or less complete union of the islands now inhabited by the separate species of cassowaries, in order that the common ancestral form which afterwards became modified into these species, could have reached the places where they are now found; and this gives us an idea of the complete series of changes through which New Zealand is believed to have passed in order to bring about its abnormally dense population of wingless birds. First, we must suppose a land connection with some country inhabited by struthious birds, from which the ancestral forms might be derived; secondly, a separation into many considerable islands, in which the various distinct species might become differentiated; thirdly, an elevation bringing about the union of these islands to unite the distinct species in one area; and fourthly, a subsidence of a large part of the area, leaving the present islands with the various species crowded together.

If New Zealand has really gone through such a series of changes as here suggested, some proofs of it might perhaps be obtained in the outlying islands which were once, presumably, joined with it. And this gives great importance to the statement of the aborigines of the Chatham Islands, that the Apteryx formerly lived there but was exterminated about 1835. It is to be hoped that some search will be made here and also in Norfolk Island, in both of which it is not improbable remains either of Apteryx or Dinornis might be discovered.

So far we find nothing to object to in the speculations of Captain Hutton, with which, on the contrary, we almost wholly concur; but we cannot follow him when he goes on to suggest an Antarctic continent uniting New Zealand and Australia with South America, and probably also with South Africa, in order to explain the existing distribution of struthious birds. Our best anatomists, as we have seen, agree that both Dinornis and Apteryx are more nearly allied to the cassowaries and emus than to the ostriches and rheas; and we see that the form of the sea-bottom suggests a former connection with North Australia and New Guinea—the very region where these types most abound, and where in all probability they originated. The suggestion that all the struthious birds of the world sprang from a common ancestor at no very remote period, and that their existing distribution is due to direct land communication between the countries they now inhabit, is one utterly opposed to all sound principles of reasoning in questions of geographical distribution. For it depends upon two assumptions, both of which are at least doubtful, if not certainly false—the first, that their distribution over the globe has never in past ages been very different from what it is now; and the second, that the ancestral forms of these birds never had the power of flight. As to the first assumption, we have found in almost every case that groups now scattered over two or more continents formerly lived in intervening areas of existing land. Thus the marsupials of South America and Australia are connected by forms which lived in North America and Europe; the camels of Asia and the llamas of the Andes had many extinct common ancestors in North America; the lemurs of Africa and Asia had their ancestors in Europe, as had the trogons of South America, Africa, and tropical Asia. But besides this general evidence we have direct proof that the struthious birds had a wider range in past times than now. Remains of extinct rheas have been found in Central Brazil, and those of ostriches in North India; while remains, believed to be of struthious birds, are found in the Eocene deposits of England; and the Cretaceous rocks of North America have yielded the extraordinary toothed bird, Hesperornis, which Professor O. Marsh declares to have been "a carnivorous swimming ostrich."

As to the second point, we have the remarkable fact that all known birds of this group have not only the rudiments of wing-bones, but also the rudiments of wings, that is, an external limb bearing rigid quills or largely-developed plumes. In the cassowary these wing-feathers are reduced to long spines like porcupine-quills, while even in the Apteryx, the minute external wing bears a series of nearly twenty stiff quill-like feathers. These facts render it almost certain that the struthious birds do not owe their imperfect wings to a direct evolution from a reptilian type, but to a retrograde development from some low form of winged birds, analogous to that which has produced the dodo and the solitaire from the more highly-developed pigeon-type. Professor Marsh has proved, that so far back as the Cretaceous period, the two great forms of birds—those with a keeled sternum and fairly-developed wings, and those with a convex keel-less sternum and rudimentary wings—already existed side by side; while in the still earlier Archæopteryx of the Jurassic period we have a bird with well-developed wings, and therefore probably with a keeled sternum. We are evidently, therefore, very far from a knowledge of the earliest stages of bird life, and our acquaintance with the various forms that have existed is scanty in the extreme; but we may be sure that birds acquired wings, and feathers, and some power of flight, before they developed a keeled sternum, since we see that bats with no such keel fly very well. Since, therefore, the struthious birds all have perfect feathers, and all have rudimentary wings, which are anatomically those of true birds, not the rudimentary fore-legs of reptiles, and since we know that in many higher groups of birds—as the pigeons and the rails—the wings have become more or less aborted, and the keel of the sternum greatly reduced in size by disuse, it seems probable that the very remote ancestors of the rhea, the cassowary, and the apteryx, were true flying birds, although not perhaps provided with a keeled sternum, or possessing very great powers of flight. But in addition to the possible ancestral power of flight, we have the undoubted fact that the rhea and the emu both swim freely, the former having been seen swimming from island to island off the coast of Patagonia. This, taken in connection with the wonderful aquatic ostrich of the Cretaceous period discovered by Professor Marsh, opens up fresh possibilities of migration; while the immense antiquity thus given to the group and their universal distribution in past time, renders all suggestions of special modes of communication between the parts of the globe in which their scattered remnants now happen to exist, altogether superfluous and misleading.

The bearing of this argument on our present subject is, that so far as accounting for the presence of wingless birds in New Zealand is concerned, we have nothing whatever to do with any possible connection, by way of a southern continent or antarctic islands, with South America and South Africa, because the nearest allies of its moas and kiwis are the cassowaries and emus, and we have distinct indications of a former land extension towards North Australia and New Guinea, which is exactly what we require for the original entrance of the struthious type into the New Zealand area.

Winged Birds and Lower Vertebrates of New Zealand.—Having given a pretty full account of the New Zealand fauna elsewhere I need only here point out its bearing on the hypothesis now advanced, of the former land-connection having been with North Australia, New Guinea, and the Western Pacific Islands, rather than with the temperate regions of Australia.

Of the Australian genera of birds, which are found also in New Zealand, almost every one ranges also into New Guinea or the Pacific Islands, while the few that do not extend beyond Australia are found in its northern districts. As regards the peculiar New Zealand genera, all whose affinities can be traced are allied to birds which belong to the tropical parts of the Australian region; while the starling family, to which four of the most remarkable New Zealand birds belong (the genera Creadion, Heterolocha, and Callæas), is totally wanting in temperate Australia and is comparatively scarce in the entire Australian region, but is abundant in the Oriental region, with which New Guinea and the Moluccas are in easy communication. It is certainly a most suggestive fact that there are more than sixty genera of birds peculiar to the Australian continent (with Tasmania), many of them almost or quite confined to its temperate portions, and that no single one of these should be represented in temperate New Zealand. The affinities of the living and more highly organised, no less than those of the extinct and wingless birds, strikingly accord with the line of communication indicated by the deep submarine bank connecting these temperate islands with the tropical parts of the Australian region.

The reptiles, so far as they go, are quite in accordance with the birds. The lizards belong to two genera, Lygosoma, which has a wide range in all the tropics as well as in Australia; and Naultinus, a genus peculiar to New Zealand, but belonging to a family—Geckonidæ—spread over the whole of the warmer parts of the world. Australia, with New Guinea, on the other hand, has a peculiar family, and no less than twenty-one peculiar genera of lizards, many of which are confined to its temperate regions, but no one of them extends to temperate New Zealand. The extraordinary lizard-like Hatteria punctata of New Zealand forms of itself a distinct order of reptiles, in some respects intermediate between lizards and crocodiles, and having therefore no affinity with any living animal.

The only representative of the Amphibia in New Zealand is a solitary frog of a peculiar genus (Liopelma hochstetteri); but it has no affinity for any of the Australian frogs, which are numerous, and belong to eleven different families; while the Liopelma belongs to a very distinct family (Discoglossidæ), confined to the Palæarctic region.

Of the fresh-water fishes we need only say here, that none belong to peculiar Australian types, but are related to those of temperate South America or of Asia.

The Invertebrate classes are comparatively little known, and their modes of dispersal are so varied and exceptional that the facts presented by their distribution can add little weight to those already adduced. We will, therefore, now proceed to the conclusions which can fairly be drawn from the general facts of New Zealand natural history already known to us.

Deductions from the Peculiarities of the New Zealand Fauna.—The total absence (or extreme scarcity) of mammals in New Zealand obliges us to place its union with North Australia and New Guinea at a very remote epoch. We must either go back to a time when Australia itself had not yet received the ancestral forms of its present marsupials and monotremes, or we must suppose that the portion of Australia with which New Zealand was connected was then itself isolated from the mainland, and was thus without a mammalian population. We shall see in our next chapter that there are certain facts in the distribution of plants, no less than in the geological structure of the country, which favour the latter view. But we must on any supposition place the union very far back, to account for the total want of identity between the winged birds of New Zealand and those peculiar to Australia, and a similar want of accordance in the lizards, the fresh-water fishes, and the more important insect-groups of the two countries. From what we know of the long geological duration of the generic types of these groups we must certainly go back to the earlier portion of the Tertiary period at least, in order that there should be such a complete disseverance as exists between the characteristic animals of the two countries; and we must further suppose that, since their separation, there has been no subsequent union or sufficiently near approach to allow of any important intermigration, even of winged birds, between them. It seems probable, therefore, that the Bampton shoal west of New Caledonia, and Lord Howe's Island further south, formed the western limits of that extensive land in which the great wingless birds and other isolated members of the New Zealand fauna were developed. Whether this early land extended eastward to the Chatham Islands and southward to the Macquaries we have no means of ascertaining, but as the intervening sea appears to be not more than about 1,500 fathoms deep it is quite possible that such an amount of subsidence may have occurred. It is possible, too, that there may have been an extension northward to the Kermadec Islands, and even further to the Tonga and Fiji Islands, though this is hardly probable, or we should find more community between their productions and those of New Zealand.

A southern extension towards the Antarctic continent at a somewhat later period seems more probable, as affording an easy passage for the numerous species of South American and Antarctic plants, and also for the identical and closely allied fresh-water fishes of these countries.

The subsequent breaking up of this extensive land into a number of separate islands in which the distinct species of moa and kiwi were developed—their union at a later period, and the final submergence of all but the existing islands, is a pure hypothesis, which seems necessary to explain the occurrence of so many species of these birds in a small area but of which we have no independent proof. There are, however, some other facts which would be explained by it, as the presence of three peculiar but allied genera of starlings, the three species of parrots of the genus Nestor, and the six distinct rails of the genus Ocydromus, as well as the numerous species in some of the peculiar New Zealand genera of plants, which seem less likely to have been developed in a single area than when isolated, and thus preserved from the counteracting influence of intercrossing.

In the present state of our knowledge these seem all the conclusions we can arrive at from a study of the New Zealand fauna; but as we fortunately possess a tolerably full and accurate knowledge of the flora of New Zealand, as well as of that of Australia and the south temperate lands generally, it will be well to see how far these conclusions are supported by the facts of plant distribution, and what further indications they afford us of the early history of these most interesting countries. This inquiry is of sufficient importance to occupy a separate chapter.

169 Dobson on the Classification of Chiroptera (Ann. and Mag. of Nat. Hist. Nov. 1875).

170 See Buller, "On the New Zealand Rat," Trans. of the N. Z. Institute (1870), Vol. III. p. 1, and Vol. IX. p. 348; and Hutton, "On the Geographical Relations of the New Zealand Fauna," Trans. N. Z. Instit. 1872, p. 229.

171 Hochstetter's New Zealand, p. 161, note.

172 The animal described by Captain Cook as having been seen at Pickersgill Harbour in Dusky Bay (Cook's 2nd Voyage, Vol. I. p. 98) may have been the same creature. He says, "A four-footed animal was seen by three or four of our people, but as no two gave the same description of it, I cannot say what kind it is. All, however, agreed that it was about the size of a cat, with short legs, and of a mouse colour. One of the seamen, and he who had the best view of it, said it had a bushy tail, and was the most like a jackal of any animal he knew." It is suggestive that, so far as the points on which "all agreed"—the size and the dark colour—this description would answer well to the animal so recently seen, while the "short legs" correspond to the otter-like tracks, and the thick tail of an otter-like animal may well have appeared "bushy" when the fur was dry. It has been suggested that it was only one of the native dogs; but as none of those who saw it took it for a dog, and the points on which they all agreed are not dog-like, we can hardly accept this explanation; while the actual existence of an unknown animal in New Zealand of corresponding size and colour is confirmed by this account of a similar animal having been seen about a century ago.

173 Owen, "On the Genus Dinornis," Trans. Zool. Soc. Vol. X. p. 184. Mivart, "On the Axial Skeleton of the Struthionidæ," Trans. Zool. Soc. Vol. X. p. 51.

174 The recent existence of the Moa and its having been exterminated by the Maoris appears to be at length set at rest by the statement of Mr. John White, a gentleman who has been collecting materials for a history of the natives for thirty-five years, who has been initiated by their priests into all their mysteries, and is said to "know more about the history, habits, and customs of the Maoris than they do themselves." His information on this subject was obtained from old natives long before the controversy on the subject arose. He says that the histories and songs of the Maoris abound in allusions to the Moa, and that they were able to give full accounts of "its habits, food, the season of the year it was killed, its appearance, strength, and all the numerous ceremonies which were enacted by the natives before they began the hunt, the mode of hunting, how cut up, how cooked, and what wood was used in the cooking, with an account of its nest, and how the nest was made, where it usually lived, &c." Two pages are occupied by these details, but they are only given from memory, and Mr. White promises a full account from his MSS. Many of the details given correspond with facts ascertained from the discovery of native cooking places with Moas' bones; and it seems quite incredible that such an elaborate and detailed account should be all invention. (See Transactions of the New Zealand Institute, Vol. VIII. p. 79.)

175 See fig. in Trans. of N. Z. Institute, Vol. III., plate 12b. fig. 2.

176 Geographical Distribution of Animals, Vol. I., p. 450.

177 In my Geographical Distribution of Animals (I. p. 541) I have given two peculiar Australian genera (Orthonyx and Tribonyx) as occurring in New Zealand. But the former has been found in New Guinea, while the New Zealand bird is considered to form a distinct genus, Clitonyx; and the latter inhabits Tasmania, and was recorded from New Zealand through an error. (See Ibis, 1873, p. 427.)

178 The peculiar genera of Australian lizards according to Boulenger's British Museum Catalogue, are as follows:—Family : Nephrurus, Rhynchœdura, Heteronota, Diplodactylus, Œdura. Family (peculiar): Pygopus, Cryptodelma, Delma, Pletholax, Aprasia. Family : Chelosania, Amphibolurus, Tympanocryptis, Diporophora, Chlamydosaurus, Moloch, Oreodeira. Family : Egerina, Trachysaurus, Hemisphænodon. Family doubtful: Ophiopsiseps.

title: Island Life/XXI


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 9


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 10


text:
Page:EB1911 - Volume 27.djvu/687

HISTORY] governments. The results are stated below, for 1870 and 1902, in round millions of dollars. Sinking funds are deducted.

The national government set out in 1790 with a revolutionary debt of about 75 millions of dollars. This debt continued, slightly increased but without any very important change, until 1806, when a reduction began, continuing until 1812, when the debt was about 45 millions. The then ensuing war with England carried the debt up to 127 millions in 1816. This was reduced to 96 millions in 1819, to 84 millions in 1825 and to 24 millions in 1832, and in the three years following was extinguished. The crisis of 1837, and the financial difficulties ensuing, created indebtedness, fluctuating in amount, which at the beginning of the war with Mexico was about 16 millions. At the conclusion of peace the debt had risen to 63 millions, near which point it remained until about 1852, from which time successive reductions brought it down to 28 millions in 1857. The financial crisis of that year caused an increase, which continued until the imminence of the Civil War, when it rose from 65 millions in 1860 to 91 millions in 1861, to 514 in 1862, to 1120 in 1863, to 1816 in 1864, to 2681 in June, and its maximum (2846 millions) in August 1865. These figures are of gross indebtedness. The amount of the debt per capita of population, less cash in the treasury, was $15.63 in 1800; it fell to $0.21 in 1840; rose again, and in 1865 reached a maximum of $76.98; since when it had fallen by the 30th of June 1908 to $10.76. The amount of the debt outstanding, minus old and silver certificates and Treasury notes offset by cash in the Treasury, was $1,295,147,432.04 on the 1st of November 1909. Of this amount $913,317,490 was bearing interest.

 IX.—

The regular army has always been small, and in time of war reliance has been upon volunteer forces (see ). This was truer of the Civil War than of the War of Independence or the war with Mexico. In the last the numbers of militia and volunteers was but little more than twice, and in the second little more than equal to the number of regulars engaged; while in the Civil War the proportion was as one to twenty. Again, the number of regular troops engaged in the War of Independence (namely, 130,711 men enlisted) was greater, absolutely, than that engaged in the Civil War (126,587). Finally, it is interesting to note that in 1799, when war seemed probable with France, the army was organized with a force of 52,766 men, and during the second war with Great Britain the number was made 57,351 in 1813 and 62,674 in 1814; while the organized strength under the law of 1861, which was in force throughout the Civil War, was only 39,273 men. Small as the regular force has always been, its organization has been altered some two score of times in all.

The law for its organization in force in 1910 provides that the total enlisted strength shall not at any one time exceed 100,000. The full active force of the present organization is as follows: 15 regiments of cavalry, with 765 officers and 13,155 enlisted men; 6 regiments of field artillery, with 236 officers and 5220 enlisted men; 30 regiments of infantry, with 1530 officers and 26,731 enlisted men; 3 battalions of engineers, with 2002 enlisted men, commanded by officers detailed from the corps of engineers; a special regiment of infantry for Porto Rico, with 31 officers and 576 enlisted men; a provisional force of 50 companies of native scouts in the Philippines, with 178 officers and 5731 enlisted men; staff men, service school detachments, the military academy at West Point, Indian scouts, &c., totalling 11,777 enlisted men. The total number of commissioned officers, staff and line, on the active list, is 4209 (including 219 first lieutenants of the medical reserve corps on active duty). The total enlisted strength, staff and line, is 78,782, exclusive of the hospital corps and the provisional force. (See also .) (F. S. P.)

1. The American nation owes its origin to colonizing activities in which the British, Dutch, Swedes, French and Spaniards bore a share, and which were continued during a period of more than two centuries at the beginning of the modern era. The settlements of the Dutch and Swedes (New Netherland and New Sweden) were soon merged in those of the British, and of the territory colonized by Frenchmen and Spaniards the United States, as it was in 1783, included only certain outlying regions (Florida and certain posts on the Great Lakes and in the Mississippi Valley). All the European nations which were interested in colonization shared in the enterprise, and the population of the region was therefore cosmopolitan from the outset. But the British, especially after 1660, secured a controlling influence, to such an extent that the history of the period can properly be regarded as the record of an experiment in British colonization.

Permanent settlements on the Atlantic seaboard were first made in the early years of the 17th century, and they continued steadily to increase until after 1680. Relatively speaking, that was the period of settlement, but population continued slowly to advance westward. In the 18th century occurred a large immigration of Germans and Scottish-Irish, who settled in Pennsylvania and New York and thence overflowed into the western parts of Virginia and the Carolinas. The only colony which was founded in the 18th century was Georgia (1732), by means of which British outposts on the Florida frontier were strengthened.

2. British colonization originated chiefly in private initiative, though it acted in half-conscious obedience to certain general principles of action. From this fact originated the trend toward self-government, which was fundamental and controlling in the history of the British on the American continent. But to an extent the tendencies which favoured self-government were counteracted by the influence of the British Crown and parliament. The influence of the Crown was continuous, except during the period of the Civil War and Commonwealth (1642–1660), while that of parliament was not felt until the middle of the 17th century, and its colonial legislation subsequent to that time was chiefly confined to matters of trade. The activities of Crown and parliament were directed toward the securing of Imperial interests and of that degree of subordination and conformity which, in states that have developed from Roman and feudal origins, attaches to the condition of colonies or dependencies. The term "imperial control" therefore suggests the second tendency in colonial affairs, to the discussion of which the historian must address himself.

3. Among the colonists the trend toward local independence and self-government was in harmony with the spirit of the English. Neither was it lacking among the other nationalities represented in the colonies. But in the case of the British it was greatly strengthened by the fact that the colonies were founded by private initiative, the government legalizing the efforts of the "adventurers" and planters, but leaving them in many cases almost wholly to themselves. Hence many small colonies and settlements were founded along the coast. A variety of motives—economic, religious and political—contributed to the founding of these colonies, and people correspondingly different in type came to inhabit them. As they differed from one another, so their descendants came to differ from the Europeans, out of the midst of whom they had come. The remoteness of the colonies from Europe and the difficulties under which communication with them was maintained confirmed and perpetuated the tendency toward independence both of England and its government. Somewhat similar conditions controlled intercolonial relations, kept the colonists apart from one another and checked efforts at co-operation. Thus it was that the causes which confirmed the colonists in the spirit of independence toward the mother country at the same time made them jealous of any external authority.

4. The term "chartered colonies" is the one which best describes the forms under which the British-American settlements were founded and under which they all continued for periods varying from a single generation to that of the entire duration of their colonial existence. They were the direct and characteristic results of private initiative in colonization. The discoverers and would-be

title: Page:EB1911 - Volume 27.djvu/687


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 11


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 11A


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 12


text: Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 13


text:
Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 14

Responsibilities of National Commissioner

218. (1) Subject to section 214 and the directions of the Minister referred to in section 216(1), the National Commissioner shall be responsible for—

the maintenance of an impartial, accountable, transparent and efficient police service; the appointment of provincial commissioners, subject to section 217(2)(a); the preservation of the internal security in the Republic; the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills: Provided that the Act referred to in section 214(1) shall set out the circumstances which shall be regarded as organised crime and the circumstances which require national investigation and prevention or specialised skills; international police liaison; the keeping and provision of crime intelligence data, criminal records and statistics; the training of members of the Service, including any municipal or metropolitan police services to be established; the recruitment, appointment, promotion and transfer of all members of the Service; the provision of forensic laboratory services; such functions relating to border control and the import and export of goods as may be assigned to the Service by law; the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner: Provided that the Act referred to in section 214(1) shall provide that the President, in consultation with the Cabinet, may direct the National Commissioner to deploy the said unit in circumstances where the Provincial Commissioner is unable to maintain public order and the deployment of the said unit is necessary to restore public order; national protection services; the establishment of a special task force for high risk operations which require specialised skills; and subject to section 219, such other functions as—

are necessary to achieve the objectives referred to in section 215; and

are appropriate for the National Commissioner to take responsibility for.

(2) The National Commissioner may after consultation with the Executive Council of the province concerned assign responsibility for any function set out in this section to a Provincial Commissioner: Provided that the National Commissioner shall ensure that sufficient resources are made available to the Provincial Commissioner for such purpose.

Provincial Commissioners

219. (1) Subject to sections 214 and 218 and the directions of the relevant member of the Executive Council referred to in section 217(1), a Provincial Commissioner shall be responsible for—

the investigation and prevention of crime; the development of community-policing services; the maintenance of public order; the provision in general of all other visible policing services, including—

the establishment and maintenance of police stations; crime reaction units; and patrolling services;

protection services in regard to provincial institutions and personnel; transfers within the province of members of the Service performing functions in terms of this section; and the promotion, up to the rank of lieutenant-colonel, of members of the Service performing functions in terms of this section.

(2) Subject to sections 214 and 218 and the directions of the National Commissioner, a Provincial Commissioner shall be responsible for—

the maintenance and discipline of the Service in the province concerned; the recruitment of members of the Service responsible for the functions set out in subsection (1);

such other functions as may be assigned to him or her by the National Commissioner under section 218(2); and subject to such procedures or mechanisms as may be established by the Board of Commissioners referred to in section 220(2), the transfer of members of the Service under his or her command to or from positions outside his or her jurisdiction.


text:
Page:EB1911 - Volume 27.djvu/635

Rh Agra and the guardianship of the old and blind emperor, Shah Alam, at Delhi, were obtained from Sindia. In 1815 the Kumaon division was acquired after the Gurkha War, and a further portion of Bundelkhand from the peshwa in 1817. These new acquisitions, known as the ceded and conquered provinces, continued to be administered by the governor-general as part of Bengal. In 1833 an act of parliament was passed to constitute a new presidency, with its capital at Agra. But this scheme was never fully carried out, and in 1835 another statute authorized the appointment of a lieutenant-governor for the North-Western Provinces, as they were then styled. They included the Delhi territory, transferred after the Mutiny to the Punjab; and also (after 1853) the Saugor and Nerbudda territories, which in 1861 became part of the Central Provinces. Meanwhile Oudh remained under its nawab, who was permitted to assume the title of king in 1819. All protests against gross misgovernment during many years having proved useless, Oudh was annexed in 1856 and constituted a separate chief commissionership. Then followed the Mutiny, when all signs of British rule were for a time swept away throughout the greater part of the two provinces. The lieutenant-governor died when shut up in the fort at Agra, and Oudh was only reconquered after several campaigns lasting for eighteen months.

In 1877 the offices of lieutenant-governor of the North-Western Provinces and chief commissioner of Oudh were combined in the same person; and in 1902, when the new name of United Provinces was introduced, the title of chief commissioner was dropped, though Oudh still retains some marks of its former independence.

See Gazetteer of the United Provinces (2 vols., Calcutta, 1908); and Theodore Morison, The Industrial Organization of an Indian Province (1906).

 UNITED STATES, THE, the short title usually given to the great federal republic which had its origin in the revolt of the British colonies in North America, when, in the Declaration of Independence, they described themselves as “The Thirteen United States of America.” Officially the name is “The United States of America,” but “The United States” (used as a singular and not a plural) has become accepted as the name of the country; and pre-eminent usage has now made its citizens “Americans,” in distinction from the other inhabitants of North and South America.

The area of the United States, as here considered, exclusive of Alaska and outlying possessions, occupies a belt nearly twenty degrees of middle latitude in width, and crosses North America from the Atlantic to the Pacific.

The southern boundary is naturally defined on the east by the Gulf of Mexico; its western extension crosses obliquely over the western highlands, along an irregular line determined by aggressive Americans of Anglo-Saxon stock against Americans of Spanish stock. The northern boundary, after an arbitrary beginning, finds a natural extension along the Great Lakes, and thence continues along the 49th parallel of north latitude to the Pacific (see Bulletin 171, U.S. Geological Survey). The area thus included is 3,026,789 sq. m.  I.—

Coast.—The Atlantic coast of the United States is, with minor exceptions, low; the Pacific coast is, with as few exceptions,

hilly or mountainous. The Atlantic coast owes its oblique N.E.-S.W. trend to crustal deformations which in very early geological time gave a beginning to what later came to be the Appalachian mountain system; but this system had its climax of deformation so long ago (probably in Permian time) that it has since then been very generally reduced to moderate or low relief, and owes its present altitude either to renewed elevations along the earlier lines or to the survival of the most resistant rocks as residual mountains. The oblique trend of the coast would be even more pronounced but for a comparatively modern crustal movement, causing a depression in the north-east, with a resulting encroachment of the sea upon the land, and an elevation in the south-west, with a resulting advance of the land upon the sea. The Pacific coast has been defined chiefly by relatively recent crustal deformations, and hence still preserves a greater relief than that of the Atlantic. The minor features of each coast will be mentioned in connexion with the land districts of which the coast-line is only the border.

General Topography and Drainage.—The low Atlantic coast and the hilly or mountainous Pacific coast foreshadow the leading features in the distribution of mountains within the United States. The Appalachian system, originally forest-covered, on the eastern side of the continent, is relatively low and narrow; it is bordered on the south-east and south by an important coastal plain. The Cordilleran system on the western side of the continent is lofty, broad and complicated, with heavy forests near the north-west coast, but elsewhere with trees only on the higher ranges below the Alpine region, and with treeless or desert intermont valleys, plateaus and basins, very arid in the south-west. Between the two mountain systems extends a great central area of plains, stretching from the Gulf of Mexico northward, far beyond the national boundary, to the Arctic Ocean. The rivers that drain the Atlantic slope of the Appalachians are comparatively short; those that drain the Pacific slope include only two, the Columbia and the Colorado, which rise far inland, near the easternmost members of the Cordilleran system, and flow through plateaus and intermont basins to the ocean. The central plains are divided by a hardly perceptible height of land into a Canadian and a United States portion; from the latter the great Mississippi system discharges southward to the Gulf of Mexico. The upper Mississippi and some of the Ohio basin is the prairie region, with trees originally only along the watercourses; the uplands towards the Appalachians were included in the great eastern forested area; the western part of the plains has so dry a climate that its herbage is scanty, and in the south it is barren. The lacustrine system of the St Lawrence flows eastward from a relatively narrow drainage area.

Relation of General Topography to Settlement.—The aboriginal occupants of the greater part of North America were comparatively few in number, and except in Mexico were not advanced beyond the savage state. The geological processes that placed a much narrower ocean between North America and western Europe than between North America and eastern Asia secured to the New World the good fortune of being colonized by the leading peoples of the occidental Old World, instead of by the less developed races of the Orient. The transoceanic invasion progressed slowly through the 17th and 18th centuries, delayed by the head winds of a rough ocean which was crossed only in slow sailing vessels, and by the rough “backwoods” of the Appalachians, which retarded the penetration of wagon roads and canals into the interior. The invasion was wonderfully accelerated through the 19th century, when the vast area of the treeless prairies beyond the Appalachians was offered to the settler, and when steam transportation on sea and land replaced sailing vessels and wagons. The frontier was then swiftly carried across the eastern half of the central plains, but found a second delay in its advance occasioned by the dry climate of the western plains. It was chiefly the mineral wealth of the Cordilleran region, first developed on the far Pacific slope, and later in many parts of the inner mountain ranges, that urged pioneers across the

title: Page:EB1911 - Volume 27.djvu/635


text:
User talk:66.93.48.247

Thanks for the link, but Wikisource hosts previously published works which are freely licensed for public use. It is not a repository for links. Best, --Eliyak T · C 19:38, 15 December 2010 (UTC)

title: User talk:66.93.48.247


text:
Constitution of the Republic of South Africa, 1993/1994-11-23/Chapter 15

Rationalisation of public administration

237. (1) (a) All institutions referred to in section 236(1), excluding military forces referred to in section 224(2), shall as soon as is possible after the commencement of this Constitution be rationalised with a view to establishing within the public service contemplated in section 212(1)—

an effective administration at the national level of government to deal with matters within the jurisdiction of the national government referred to in section 235(5)(a); and an effective administration for each province to deal with matters within the jurisdiction of each provincial government referred to in section 235(5)(b).

(b) All military forces referred to in section 224(2) shall be rationalised for the purposes of the National Defence Force.

(2) (a) The responsibility for the rationalisation of—

institutions referred to in section 236(1), excluding military forces, shall primarily but not exclusively rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments and the Commission on Provincial Government, and with due regard to the advice of the Public Service Commission: Provided that in the case of policing services, the national government shall exercise such responsibility in co-operation with the committee referred to in section 220(1) and the Board of Commissioners referred to in section 220(2); and military forces shall rest with the national government.

(aA) In anticipation of the adoption of the Act of Parliament contemplated in section 214—

the National Commissioner and Provincial Commissioners of the South African Police Service contemplated in section 214(2)(a) may be appointed; a meeting of the National Commissioner and the Provincial Commissioners or their nominees shall be deemed to be a meeting of the Board of Commissioners contemplated in section 220(2) and any decision taken at such a meeting shall be deemed to be a decision of the Board; the existing police forces, deemed in terms of section 236(7) to constitute the South African Police Service contemplated in section 214, may be rationalised in accordance with this section; and proclamations to regulate such rationalisation may be issued in terms of subsection (3).

(b) Subject to section 235(6), (7), (8) and (9), the responsibility for the internal rationalisation of an administration referred to in subsection (1)(a)(ii) shall primarily rest with the relevant provincial government, with due regard to the advice of the Public Service Commission and any relevant provincial service commission: Provided that the rationalisation of all police forces shall be dealt with in accordance with paragraph (a)(i).

(3) (a) The President may, subject to subsection (2) (a), by proclamation in the Gazette take such steps as he or she considers necessary in order to achieve the aim mentioned in subsection (1).

(b) Without derogating from the generality of paragraph (a), the steps referred to in that paragraph may include—

the amendment, repeal or replacement of any law regulating the establishment, functions and other matters relating to an institution referred to in section 236(1), or of any law referred to in section 236(2), or of any law which deals with any of the aforegoing matters in a consequential manner: Provided that if a law referred to in section 236(2) is repealed, provision shall be made for the application of any law of general application regulating the employment of persons or any class of persons in the employment of the state, to the persons or class of persons affected by such repeal; and measures relating to the transfer or secondment of personnel, or the allocation of property, funds, rights and obligations, including administrative records, in order to establish the administrations referred to in subsection (2) and rationalise the South African Police Service and the National Defence Force.

(c) A copy of a proclamation under paragraph (a), shall be submitted to Parliament within 14 days after the publication thereof.

(d) If Parliament disapproves of any such proclamation or any provision thereof, such proclamation or provision shall thereafter cease to be of force and effect to the extent to which it is so disapproved, but without prejudice to the validity of anything done in terms of such proclamation up to the date upon which it so ceased to be of force and effect, or to any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such proclamation.

(4) (a) The labour appeal court established by section 17A of the Labour Relations Act, 1956 (Act No. 28 of 1956), sitting as a special tribunal in terms of an Act to be passed by Parliament, shall be competent to determine any claim or dispute of right in terms of a law regulating as at 1 November 1993 employment in an institution referred to in section 236(1) and arising out of the implementation of this section and section 236.

(b) The Act of Parliament contemplated in paragraph (a) shall prescribe expeditious procedures for the adjudication of claims and disputes contemplated in this section, including the granting of interim and final relief.

(c) Notwithstanding the provisions of any law the procedures contemplated in paragraph (b) shall be the only procedures to be followed in such court.

(d) A decision of the court on any such claim or dispute shall be final and binding.

(e) This subsection and the Act of Parliament contemplated in paragraph (a) shall lapse one year from the commencement of this Constitution, save that any matter properly before the court referred to in paragraph (a) on that date shall be heard and determined as if this subsection and the said Act had not lapsed.

Transitional arrangements: Local government

245. (1) Until elections have been held in terms of the Local Government Transition Act, 1993, local government shall not be restructured otherwise than in accordance with that Act.

(2) Restructuring of local government which takes place as a result of legislation enacted by a competent authority after the elections referred to in subsection (1) have been held, shall be effected in accordance with the principles embodied in Chapter 10 and the Constitution as a whole.

(3) (a) For the purposes of the first election of members of a local government after the commencement of this Constitution, the area of jurisdiction of such local government shall be divided into wards in accordance with the Act referred to in subsection (1).

(b) Forty per cent of the members of the local government shall be elected according to the system of proportional representation applicable to an election of the National Assembly and regulated specifically by or under the Act referred to in subsection (1), and sixty per cent of the members shall be elected on the basis that each such member shall represent a ward as contemplated in paragraph (a): Provided that, notwithstanding anything to the contrary contained in this Constitution, where the area of jurisdiction of the local government includes—

the area of jurisdiction of any institution or body as was referred to in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961); and any other area not falling within the area of jurisdiction of the institution or body referred to in subparagraph (i),

no area referred to in subparagraph (i) or (ii) shall be allocated less than half of the total number of wards of the local government concerned: Provided further that an area referred to in subparagraph (i) shall be deemed not to include any area for which a local government body referred to in paragraphs (a), (b) and (c) of the definition of “local government body” in section 1(1) of the Act referred to in subsection (1) of this section (as that Act exists at the commencement of this Constitution), has been established.


text: Page:Poems, Volume 2, Coates, 1916.djvu/299