The peace negotiations between the governments of the South African Republic and the Orange Free State, and the representatives of the British government, which terminated in the peace concluded at Vereeniging on the 31st May, 1902

by J. D. Kestell; D. E. van Velden

General Smuts: Clause 3 provides for persons who, according to the British, have been banished.

Commandant Jacobsz: Clause 2 deals with "burghers." I should like to know whether officers are also included.

General Smuts: "Burghers" includes officers also. "Rebels" is the term in contra-distinction to "burghers."

General S. P. du Toit: In clause 4, I read: "The benefit of this clause will not extend to certain acts." May I know what acts are here referred to?

General Botha: As communicated by Lord Kitchener to the Commission, three persons are excluded from the benefit of Clause 4 of the peace proposals. They are namely: Mr. van Aswegen for the shooting of Captain Mears; Mr. Cilliers for the shooting of Capt. Boyle; and a certain Muller for the alleged murder of a certain Rademeyer in the district of Vrede. These three persons will have to stand their trial on the conclusion of peace.

Chief Commandant de Wet: Lord Kitchener arranged this matter informally with General Botha without reference to me, as I think he should have done, because two of the cases mentioned are of Free Staters. It is not down in black and white, that the three persons mentioned will be the only exceptions, and if more exceptions are made later I do not wish to be held responsible.

General Botha: I should like further to explain this matter. This point in Clause 4 was raised by the British representatives. Lord Kitchener asked to see me personally and informally, and at the suggestion of General de la Rey I went to him. Lord Kitchener then informed me that certain three alleged murders in the course of the war had attracted much attention in England, and that the British Government, on account of the feelings of the English people, did not see their way open to leave these three cases untried. The three cases already mentioned here were then communicated to me by Lord Kitchener. On a later occasion I took General Smuts with me, and Lord Kitchener repeated in the presence of both of us that only these three persons would be excluded from the benefit of Clause 4.

General Hertzog: I am quite prepared to accept Lord Kitchener's word given to Generals Botha and Smuts.

General Brand: Why are the names of these cases not inserted in the peace proposal?

General Hertzog: They could not be inserted because as laid down by the British Government it could not be altered.