cap. v] THE GOVERNOR AND THE LAW 277 
also during the continuance of martial law the Court refused 
in Rex v. Naude and others?! to set aside the arrest by the 
military of persons admitted to bail under Act No. 6 of 1900. 
In that case the Court recognized that as a rule it should not 
interfere with operations under martial law, but it asserted 
that later on it could freely criticize the actions of the 
military. The same doctrine was reasserted in ex parte 
Marais? when a clear intimation was given that the Court 
would, unless an act of indemnity was passed, examine the 
actions of the military authorities after the war, but would 
not interfere with them in the meantime. So in Reinecke 
v. Attorney-General ® the Court ordered the discharge of 
Reinecke from the custody of a civil jailer who detained 
him on military orders, on the ground that he had no right 
to do so, but declined to grant an order interdicting the 
military authorities from trying the man under military law. 
In ex parte Minnaar* they declined to order the military 
authorities to grant a permit to Minnaar to return to his farm. 
Acting on this principle, the Court declined to uphold a 
conviction for prison-breaking in Rex v. Link and Wenner? 
when the prisoner was merely confined by order of the 
military authorities, and a similar proposition was laid down 
in Rex v. Malan and Bruyns.® Moreover, in a series of cases, 
Rex v. van Reenen, Rex v. van Vuuren, and Rex v. van der 
Merwe,? the Court quashed convictions which purported to 
be convictions by magistrates as such for breaches of martial- 
law regulations. After the proclamation of peace a rule 
nisi was granted in ex parte Botha and others calling on the 
officer commanding the troops in the district to show cause 
why he should not be interdicted from selling confiscated 
property of certain British subjects whose goods had been 
' (1902) 11 Sheil, 93. * 11 Sheil, 467. 
% 11 Sheil, 565. 4 11 Sheil, 217. 
(1903) 12 C. T. R. 144, ¢ 12 C. T. R. 259, 
* 12 C. T. R. 557. Nor is the defect removed by changing the record so 
as to show the conviction as purely a military one ; ibid., 710. 
® 12 C. T. R. 902, " 
* 12 C. T. R. 805. Cf. Rex v. Walters, ibid., 805; Rex v. Kalp, ibid, 
1008 : ex parte Gagiano, ibid., 969. 12 CT. R. 612.