cont from book

3. The Independent Boer Republics

(a) The Orange Free State (OFS) Constitution (1854)

In 1854 the Volksraad drafted the OFS Constitution, influenced by:

. The United States Constitution (1773)

. Elements of French, Dutch, and Cape Colonial systems

It's key features were:

. Unitary state with a single-chamber legislature.

. Constitutional supremacy (laws had to align with the constitution).

. Protection of civil rights.

. Stable governance system.

. Voting rights for all citizens.

. Equal protection under the law.

(b) Zuid-Afrikaansche Republiek (Transvaal)

It had No formal constitution for the first six years (political instability). In 1860 a constitution was drafted, with Pretoria as the seat of Parliament. Executive power was vested in State President and Executive Council (frequent conflicts arose).

. Brown v Leyds No Case- This case Confirmed constitutional supremacy. President Kruger’s decision was ruled invalid. The Constitution was the fundamental law against which courts could test legislation. Sovereignty was vested in the people, not the Volksraad. Courts could strike down laws that contradicted the Constitution.