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This is the fourth and final article in a series on the historical and jurisprudential background to the well-known case of Brown v Leyds NO (1897) 4 OR 17, based on the book, Brown v Leyds, Who Has the King’s Voice (2017, LexisNexis). It discusses Chief Justice Kotzé’s judgement in Brown in detail and the major political fallout it generated. Kotze’s judgement was his expression of the ultimate authority of the 1858 Grondwet (Constitution) in the Zuid-Afrikaansche Republiek, the judicial interpretation of which transcended legislative and executive authority in the state. In finding for Brown and against the state, Kotzé asserted in open court the primacy of judicial interpretation of the Grondwet over the highest authority of the Volksraad * Emeritus Professor of Law, University of Johannesburg.

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Brown v Leyds No (1897) 4 or 17: a constitutional drama in four acts. 1 Act four: Kotzé delivers his judgement, Kruger dismisses him, Milner prepares for war and Brown seeks international redress