The treason trials of the Natal Rebels during the Anglo-Boer War (1899-1902)

Abstract

During the Anglo-Boer War, the occupation of Northern Natal by Boer commandos led to the majority of the local white population committing treason. The Natal government wanted to deal with the suspected rebels swiftly and severely. The concern of the Colonial Office was that the judicial system used in Natal would not serve justice. Consequently the Natal government was pressurised into accepting a Special Commission, consisting of local and British judges, to try the suspected rebels. This culminated in the creation of a Special Court to try serious offences of treason, while lesser offences served before a Special Magistrate and the Magistrates Courts. For this the existing treason legislation and the specially created Special Court rules were to be applied. Meanwhile, under pressure to show its intent towards the rebels, the Natal government had eleven rebels tried before the Natal Supreme Court and the Zululand High Court. Following this, the Special Court started its proceedings. The suspected rebels were mostly Natal Afrikaners from across the economic and social spectrum. In defence the majority claimed to have been abandoned by their government which opened the way for the commandos to force them into service. These arguments were rejected by the Special Court. In the end the Special Court, the Special Magistrate and the Magistrates Court convicted 385 rebels of treason. The sentences passed included fines, imprisonment and disenfranchisement. Those rebels also found guilty of theft were sentenced to hard labour.

Key words: Anglo-Boer War; high treason; Natal Afrikaners; Natal government; Natal Rebels; Privy Council; Special Court; Special Magistrate