Note Back to Main Text — Chapter XI

The decision to deal with such cases by military courts was taken by Lord Kitchener, after consultation with Lord Milner, on the ground that the state of the midland and north-western districts was such that "only prompt and severe punishment could stop the spread of rebellion and prevent general anarchy."[282] The Cape Government, however, in assenting to the measure, stipulated that certain conditions should be laid down for the constitution and procedure of the military courts, sufficient to check the more obvious abuses to which such tribunals are liable. These conditions, as expressed in a minute of Sir James Innes, the Attorney-General, were embodied in a set of instructions issued by Lord Kitchener to his officers concurrently with the publication of the notice of April 22nd. Nor was this all. In view of the continued assistance known to be rendered to the Boer and rebel commandos by the Afrikander nationalists, martial law was extended, on October 9th, to the Cape ports; and on December 2nd the British Government announced that, as the result of the establishment of martial law at the South African ports, no persons would be allowed to land in South Africa from January 1st, 1902, onwards without a permit, except under certain special circumstances.[283]