982 THE FEDERATIONS AND THE UNION [PART IV
on the ignorance of the members of the Judicial Committee
of Roman-Dutch law will be obviated. It is, however, a
question which is not quite clear how far the words of the
Bill are adequate to produce this effect, as the prerogative
is not very explicitly barred except perhaps as regards the
Supreme Court itself.
The judges of the Supreme Court will in future be appointed
by the Governor-General in Council, and will have salaries
which cannot be reduced during their tenure of office. They
can only be removed from office by the Governor-General
in Council on an address from both Houses of Parliament in
the same session praying for such removal on the ground of
misbehaviour or incapacity.
The existing judges of the Colonial Courts are all continued
in their posts in the corresponding divisions of the Supreme
Court, the Chief Justices becoming Judges President but
retaining their titles for the rest of their term of office, and
the pensions and salaries to which at present they are entitled
are ensured to them. Lord de Villiers became Chief Justice
of South Africa. In the case of an occurrence of a vacancy
in the divisions of the Supreme Court, the Governor-General
in Council, if he considers that the number of judges may
advantageously be reduced, may refrain from filling up the
vacancy pending the decision of Parliament. No doubt in
due course advantage will be taken of this provision to
reduce the numbers of judges in South Africa.
The appellate division shall be composed of the full five
members in the case of an appeal from any Court composed
of two or more judges; if the appeal is from a decision of
a single judge, three members of the division will be a quorum,
and no judge shall take part in the hearing of an appeal from
a decision of his own. The Court will normally sit in Bloem-
fontein, but may from time to time, for the convenience of
suitors, hold its sittings at other places in the Union. This
provision (s. 109) is a concession to the Orange River Colony,
which of course will be the seat of neither the administrative
nor the legislative capital of the Union. The Chief J ustice
! se 100. 101