PROTECTION OF THE CAPE FLORA 183 



times during which certain species might not be plucked. This 

 legislation, however, had very little, if any, effect, owing to the 

 fact that its administration was left to the police. In 1910 the 

 Mountain Club of South Africa began to take up the matter 

 afresh, and for this purpose one of the effects of the establishment 

 of the Union Government of South Africa was fortunate, inasmuch 

 as the protection of the fauna and flora was given over to the 

 Provincial Councils, which were established for each Province, 

 as the late separate Colonies now became. An influential depu- 

 tation was arranged, and waited upon the Administrator of the 

 Cape Province (Sir Frederic de Waal) to urge the necessity of 

 further steps being taken. The representations of this deputation 

 were well received by Sir Frederic, who has thrown himself 

 actively into the work of constructing the necessary Provincial 

 legislation in all directions. As a result, about twelve months 

 afterwards, new regulations were got out, greatly enlarging the 

 scope of the former ones, and absolutely forbidding the plucking 

 of a large number of species by anybody for a period of three 

 years. At the same time a Wild Flowers Protection Committee 

 was formed by the Mountain Club, who invited delegates from 

 the National Society, the Eoyal Society of South Africa, the 

 South Africa Museum, the South African College, The Publicity 

 Association, and the City Council. From this large committee a 

 vigilance committee was picked of members who were determined 

 to see the regulations administered. 



" The immediate result was to demonstrate the absolute use- 

 lessness of the Cape Government's Act under which the new 

 regulations were issued. As soon as prosecutions were instituted 

 it was found that they could rarely be successful, because it was 

 necessary to prove that the flowers had been plucked on Crown 

 lands, and there was no means of compelling the accused to say 

 where he had got the flower from. Moreover, according to the 

 preamble of this Act, the species was required to be in danger of 

 extinction." A new ordinance was therefore obtained, of which 

 the practical legislative points are as follows : — " The onus of 

 proof is placed upon the accused that he obtained a prohibited 

 flower in a legitimate manner. Such a legitimate possession 

 could only occur if he were the owner or had the written per- 

 mission of the owner of the land from which it had been obtained, 

 or if it had been cultivated in land set apart for the cultivation of 

 flowers. The selling of blooms, or any other parts of specified 

 plants, by anybody whatsoever (owner of the land on which they 

 grew not excepted) can be prohibited by the regulations, except- 

 ing only flowers cultivated on land set apart for the purpose. 

 Provision is made by which the Commissioner of Police can issue 

 authority to suitable persons, by virtue of which written authori- 

 ties or warrants the holders can require the name and place of 

 abode of any person reasonably suspected of transgressing the 

 regulations. If the required information be refused an additional 

 fine is provided for if the offender be eventually brought to book. 

 These warrant-holders have formed themselves into a special com- 



