1340 THE JUDICIARY [PART VI 
Accordingly the direction amounted to no more than that 
the Parliament should satisfy itself before passing addresses 
that the incapacity or misbehaviour clearly existed. 
This model was followed in the framing of the Constitution 
of the Transvaal and the Orange River Colony. It is pro- 
vided in Clause xlviii of the letters patent, December 6, 1906, 
issued in respect of the Transvaal, and Clause 1 in the letters 
patent of June 5, 1907, in respect of the Orange River Colony, 
that Judges of the Supreme Court (1) shall be appointed by 
the Governor in Council ; (2) shall not be removed except by 
the Governor in Council on an address from the Legislative 
Council and Legislative Assembly praying for such removal 
on the ground of proved misbehaviour or incapacity ; (3) 
shall receive such remuneration as shall from time to time 
be prescribed by law, but the remuneration of a judge shall 
not be diminished during his term of office. The remunera- 
tion of the present judges shall not be diminished, and their 
commissions shall continue as heretofore. 
In the case of the Commonwealth, however, as the statute 
laying down the new power was an Imperial one, it would 
have had effect to override the provisions of Burke’s Act, 
while its provisions would have still applied to the case of 
the judges of the two South African Colonies. 
In the case of the Union of South Africa it is provided 
by s. 101 of the Constitution Act that the Chief Justice of 
South Africa and other Judges of the Supreme Court of 
South Africa shall not be removed from office except 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. 
8S. 100 provides that the Chief Justice of South Africa, the 
ordinary Judges of Appeal, and all other Judges of the 
Supreme Court of South Africa to be appointed under the 
establishment of the Union, shall be appointed by the 
Governor-General in Council, and shall receive such remunera- 
tion as Parliament shall prescribe, and their remuneration 
shall not be diminished during their continuance in office. The 
terms of this Act clearly exclude the operation of Burke’s Act,