CHAP. TI] LEGAL BASIS
the Maori race. The Legislature Act, 1908, provides simi-
larly, but omits the limitation in number. The only other
reference to the topic is in the Acts conferring salaries on
members of the Executive Council who are ministers passed
in 1873 and 1887, which are thus consolidated in s. 10 of the
Civil List Act, 1908, No. 22 :—
Each of the Ministers to whom salary is appropriated
under this Act shall be a member of the Executive Council
holding one or more of the ministerial offices mentioned in
the second schedule hereto, but if two or more such offices
are held at any one time by the same minister, he shall
nevertheless be paid the salary attached to one of the said
Sffices only.
75
The letters patent do not fetter in any way the discretion
of the Governor as to the number or choice of Executive
councillors.
§ 5. SouTH AFRICA
_ In the case of the Cape again we find the utmost simplicity
in the circumstances affecting responsible government. The
Act for that purpose passed in 1872, No. 1, contains only
Provision for the appointment of two new officers, one a
Commissioner of Crown Lands and Public Works, the other
a Secretary for Native Affairs, who shall hold office during
pleasure and be appointed by the Crown, not, as usual in
these cases, by the Governor. These officers and the offices of
Colonial Secretary, Treasurer, and Attorney-General are de-
clared to be capable of being held by persons who are members
of Parliament and who are to have a right of debate in either
house if members of one, but not to vote except in the house
to which he has been elected. Pensions are also provided
for the three officers then holding the posts of Secretary,
Treasurer, and Attorney-General in the event of retirement
on political grounds, and the salaries of ministers are laid
down and their posts declared not to be pensionable. The new
letters patent do not attempt to alter the composition of the
Executive Council, leaving it open to the Governor to appoint
any person whom he chooses in addition to any who might
by law be members. No law ever made any ministers
