Note Back to Main Text — Chapter XII

"With regard to the rank and file, they should all, upon surrender, after giving up their arms, sign a document before the resident magistrate of the district in which the surrender takes place acknowledging themselves guilty of high treason, and the punishment to be awarded to them, provided they shall not have been guilty of murder or other acts contrary to the usages of civilised warfare, should be that they shall not be entitled for life[339] to be registered as voters or to vote at any Parliamentary Divisional Council, or municipal election. With reference to justices of the peace and field-cornets of Cape Colony and all other persons holding an official position under the Government of Cape Colony or who may occupy the position of commandant of rebel or burgher forces, they shall be tried for high treason before the ordinary court of the country or such special court as may be hereafter constituted by law, the punishment for their offence to be left to the discretion of the court, with this proviso, that in no case shall the penalty of death be inflicted.