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32 S. African L.J. 361 (1915)
Notes

handle is hein.journals/soaf32 and id is 381 raw text is: NOTES. NOTES. The Protectorate of South-West Africa.-The announcement in the Union Gazette (17th September, 1915), that the Minister of Defence has given a. certificate, in terms of section 8 of the Indemnity and Special Tribunals Act, 1915, that military operations in the Union and German South-West Africa have terminated, closes an important chapter in the history of the Union. The word Finis will be written, when, at the close of hostilities with Germany and her Allies in other parts of the world, the territory is finally ceded to and aunexed by the British Empire, and becomes, as it undoubtedly will, a new Province of the Union of South Africa. Although possession in such cases is nine points of the law, the territory is at present technically in the military occupation of the Union Government acting for, on behalf of, and in loyal co-operation with the Imperial Government. The Union has no constitutional power tn annex the new territory and incorporate it as portion of the Union, but this will no doubt be done at the end of the war by a special Statute of the Jimperial Parliament, amending the South Africa Act. In a Proclania- tion of July 13, 1915, by General Botha, General Officer Commanding- in-Chief the Union Forces in the Field, it is stated that the forces of the Union have conquered and now occupy the whole of the territory known as German South-West Africa, now termed the Protectorate. I is evident that tme word, Protectorate, here used, is not a term of art but merely a descriptive title, for in International Law-if that Law can be said to be in any way binding upon us in the present war in view of the persistent and systematic violatio of it by Germany and her Allies-unless a whole State is finally conquered, ceases to exist as a State, and is therefore unable to formally cede its territory or any portion of it by a treaty of peace, it is necessary that there should be a cession express or implied, to enable the conquering power to acquire a legal title by conquest to the territory which it has conquered. By the same Proclamation, after mentioning that the resistance of the German troops on that date had terplinated by the formal surrender of those troops on terms signed on behalf of the Union Government and the Commander of the Protectorate troops, Martial Law was declared to be in force in the Protectorate during military occupation by the Union Forces, in order to maintais order and effective control of the Protectorate. Other Proclamations have been issued with reference to the acceptance of notes of certaii German banks, alleged concessions of mineral, trading or other rights obtained from coloured or native inhabitants since the bieginming of the war, and trading in diamonds. Mr. Advocate Greenlees, of Pretoria, his been appointed a Special Commissioner to preside over a Special Criminal Court temporarily established at Windhuk, and lie has as his colleagues two magistrates. R A.L.J. 15. E

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