)J0 ■^ cs ^>'/0JI1VJJ0'^ o %sMiNni\\v .OFCA!! OfCAlIF /tR% Roi^'^ o 1^ — 5 =0 O '^'iOJIlVJjO:'^ '^^VQ! .;,0F-CAIIF0% .Of-LAllM.', '^Aavaan-i'^ ^foO. \j^\y.n^ "ju — ^ ] § -5 M:^ • J IJ Ji' I MM .iiAiNf |.J0=^ ^ o .\WMJNIVERi-/A _ ^ o ''/saaAiNn-aviv o "^/^aaAiNfiawv^ ^- .^,aOSANCElfj: c , I? ERS .>// ,lOSANCElfj-. ^lllBRARYOr ^ -^UIBRARY/}. ^OFCAUFO/?/)^ ^OfCAllFO/?,^ \\\EIINIVER% ^lOSANC , ^ME UNIVERy/A ai\w lYQ^ L-- .ii =- >--. 'J I JJ,1> .NUl %ajAiNa-3W' ^Mll IM mff^ j-Uf-fAUFOP* <«F IIWIVFPr/> -i.iii 1 Ai iri iwj/ ^!.\if rAiii SOUTHERN RHODESIA. DESPATCH TO TllK HIGH COMMISSIONEIi FOR SOUTH AFRICA TRANSMITTINCr Draft Letters Patent providing for the constitution of Responsible Government in the Colony of Southern Rhodesia, and other draft Instru- ments connected therewith. Presented to Parliament by Command of His Majesty. January, 1922. LONDON: POBLISHED BY HIS MAJESTY'S STATIONERY OFFICE. To be purctiaspfl tlirough anv Pjooksf^ler or dirfcHv from H.M. STATION KKV OFFli'H ;it tlin followiu^ ali.li esses : Imperial Hocse, Kingsway. London, \V.<".2. ami 'M, AiiiNtinoN Sikket, London. S.W.I 37. Peter Street, Manchester ; L St. Anhrews Crescent, Caruife ; Ti, Forth Street. EmNiuROU, 1922. [Cmd. 1573. J Price Gd. Net. DESPATCH TO THE HIGH COMMISSIONER FOR SOUTH AFRICA TRANSMITTING Draft Letters Patent providing for the constitution of Responsible Government in the Colony of Southern Rhodesia, and other draft Instruments connected therewith. SOUTH AFRICA. SOUTHERN RHODESIA. Downing Street, 22n(i December^ 1921. Sir, I have the honour to transmit to Your Eoyal Highness copies of the following draft Instruments : — (a) Draft Order in Council annexing the Territory of Southern Rhodesia. (6) Draft Letters Patent providing for the constitution of Respon- sible Government in the Colony of Southern Rhodesia. (c) Draft Letters Patent constituting the office of Governor. {d) Draft Instructions to the Governor. 2. These drafts are in the form in which I have determined them after hearing the views of the Delegation of Elected Members, and of the British South Africa Company. 3. Drafts (c) and {d) are adapted from the forms used in granting responsible government to the Transvaal in 1906, and do not, I think, call for any explanation. Draft (a) and the main draft (6) are based on the recommendations contained in the first report* of Lord Buxton's Committee. The origin of the various clauses of draft {h) is shown in the marginal references ; I need, therefore, only refer to such points as require special comment. 4. Clause 1 relating to the future Legislature has been drafted so as to enable the Legislative Council now subsisting to function, if required, during the short period between the coming into force of the Letters Patent, as provided in Clause G3, and the date of nomina- tion of candidates for the first elections to the new Legislative Assembly. This period could not be more than about five months, since the first session must be held within six months of the commencement of the Letters Patent (Clause 16 (2)). The Legislature would be, in the first place, unicameral, as proposed by Lord Buxton's Committee, but Clause 2 provides for the future constitution of a second Chamber. • IC.d. 1273, . ^^^ ^.^^^^^ 349- ' G-19 s 5. Clause G applies the existing; electoral laws <,'riieral]y, subjeet to such ameudnients as might in the future be made by the Legislature. In the course of the discussion with the Delegation a suggestion was made that provision should be made for a system of j)roportional representation, but I have not felt able to introduce an electoral change of this importance into the Letters Patent. The matter is one which could, of course, be dealt with by the new Legislature. G. The question has been considered in connection with Clause 8 whether provision should not be made for the automatic redivision of the Colony into electoral divisions at stated periods, as was done in the Transvaal Letters Patent of 190G. There is much to be said for this proposal, but the question is one which I would in the circum- stances rather leave to the new Administration. I have, therefore, thought it preferable not to provide for this in the Letters Patent. 7. Under Section 28, relating to the class of Bills to be reserved, it will be seen that the Governor will be required to reserve any law altering or amending the arrangements relating to the collection and allocation of mining revenue in force at the commencement of the Letters Patent under any existing law or otherwise or any law^ imposing any special rate, tax, or duty, on minerals in or under land within the Colony. In making this provision it is not intended to suggest that the Company's mineral rights would not be fairly treated by the new Administration. His Majesty's Government feel, however, that the position of the British South Africa Company in regard to the minerals is in two respects special. First, there is the pronouncement of the Judicial Committee of the Privy Council as to the connection between the existence of these mineral rights and the absence of any provision for the remuneration of the Company for its administrative ser\'ices, and secondly, there is the arrangement as to the allocation of mining revenue adopted by Lord Cave's Commission, as set out in the despatch of the 17th March," 1921, printed at p. 20 of [Cmd. 1273]. These con- siderations have led me to insert clause 28 {d) in the draft. 8. Clause 28 (e) deals with a matter which has required and has received my most careful consideration, namely, the position of the existing railways in relation to the general powers of legislation conferred by the Letters Patent. I have no reason to anticipate, and 1 fully accept the assurance which I have received from the Delegation on this head, that these powers would be exercised in any spirit but that 6i comj)lete good- will towards enterprises which have contributed in so large a measure; to the development of Rhodesia, and now play so important a j)art in the scheme of Ln])erial communications. But I have been deeply impressed by two features of the situation : — first, the magnitude of the investment made by the British South Africa Company in the railways, and the very heavy burden of financial obligation assumed by the British South Africa Comjiany in the guarantees which they have given to the Debenture holders ; and secondly, the absence of anything like a code of railway legislation, determining the relative rights of the railway proprietors and the general community. If such legislation had existerl, the claim of the British South Africa Company to the recognition of its sjiecial position in relation to the "railways might well have been left to the general powers of protection conferred upon the Imperial authorities by the Letters Patent. The new Legis- lature should not, I think, find it difficult to frame suitable legislation having regard to the experience of this country in dealing with private Railway Companies and to the assistance which they would derive from a study of the legislation in force here, and after careful con- sideration of all the circumstances I have come to the conclusion that the requirements of the case would be met by providing for the reservation of any law dealing with railways in the Colony, until legislation shall have come into force in Southern Rhodesia adopting so" far as may be applicable the provisions of the law in force in the United Kingdom relating to the Railway and Canal Commissioners and to the Rates Tribunal provided for by the Railways Act, 192L This course, whilst not affecting the general right of the new Colony to legislate in connection with railways, in the interests of law, order, and good government, would afford the Company the same measure of protection to its railway rights as exists in similar cases in the United Kingdom. 9. In connection with Clause 38, I may observe that I am advised that no special provision is necessary to preserve the present system of appeals from the High Court of Southern Rhodesia to the Appellate Division of the Supreme Court of South Africa, since this matter is dealt with in Section 103 of the South Africa Act, 1909. It may be noted, however, that there would be nothing to prevent the new Administration legislating under a particular Act for direct appeal from the High Court to the Privy Council in a new class of civil cases in which under the law^ in force at the establishment of the Union there was no appeal to the Supreme Court of the Cape. 10. The Clauses relating to Native Administration (39-47) are designed to preserve the essential features of the existing system of native administration which has worked satisfactorily in the past. Provision tas akn Kppti marlp inv fliP prtsp jble futu iP pstabljshffi^nt of Nativ e^ Coiin cils in the Rese rves on the lines of the rec£nt-IInion Act_23 of J.^^ In connection with Clause 43, the Rhodesian Dele- gation suggested that specified Hi strict s shou ld be^ se t aside" "5j the Hig h Co mmissioner in wh^*^!^ naf^rpg nlf>]^P Tr^jglif. acquire land aiid within which Europeans^ should not bo allowed to do so. I have informed the delegates thatJhe existini:; clause enshrines a long accepted ])rineijjejmfl3hat}J-^0"lH b e nn willing_,to_ajjree to an alteration^ the co rollary of .^gjiich see ms to be the exclusion of natives from other a reas ; but that if full and impartial enquiry should show, after responsible government had come into force, that some amendment of the la\\^ is necessary. His Majesty's Government would be prepared to consider an amendment. 11. Clause 48 deals with the unalienated lands and provides for the appointment of a Crown Land Agent (assisted by an Advisory Board), who is empowered to dispose of the lands at such prices as may in all the circumstances be in his opinion fair and reasonable, the revenue derived therefrom being paid to the British South Africa Company so long as any ])art of tlie debt due to tlio Com|)any on account of tho administrative deficit remains unpaid. The Clause has been drawn in this form since the Biitish South Afiica Company objected to the proposal made by Lord Buxton's Conunittee for tlie establishment of a Land Board. The Company maintain, indeed, that the Clause is inconsistent with their rights under the Privy Council judgment, but this view is regarded by the Legal Advisers of tlie Crown as witliout foundation. 12. Clause 51 states that in the event of any moneys being jirovided by the Lords Commissioners of the Treasury for the payment of compensation to the British South Africa Company in lespect of any buildings and works which may be taken over in accordance with provisions of x^rticle 33 of the Company's Charter, the Consolidated Revenue Fund would be charged with all such moneys together with interest at a rate to be fixed by the Treasury, and all such moneys and interest should be rejiaid not later than one year after the com- mencement of the Letters Patent. As was explained in Lord Milner's memorandum of December, 1920,* it is considered that this is an obligation which must clearly devolve upon the new Administration, who will also, of course, have to repay any of the annual loans of £150,000 which His Majesty's Government may advance pending the grant of responsible government. I am advised that in the case of the movable assets, which are also referred to in Lord Milner's memo- randum, the property in tliese will pass to the Crown on the termination of the Company's administration, without the necessity for any pay- ment in cash, the cost being included in the administrative deficits. Similarly, as regards debtor balances and creditor balances, these will be added to or deducted from the administrative deficits. I shall no doubt have to address you further on this subject in due course. L3. Clauses 56 and 57 deal' with the position and pension rights of the public officers of the territory. In framing these clauses I have given careful consideration to the representations )nade on ))ehalf of the Southern Rhodesian Civil Service and the Police, and I am con- fident that the clauses should adequately secure the rights of public servants. 14. The only other matter I need refer to is the question which has been raised whether, in the event of the grant of responsible government to Southern Rhodesia, certain other territories should be admitted, viz., the railway strip in Northern Rhodesia and the Tati district in the Bechuanaland Protectorate. I am advised, however, that these territories could, if it is found desirable, be added to Southern Rhodesia after annexation, under the Colonial Boundaries Act, and no special provision in the Letters Patent is necessary. 15. These Letters Patent, if finally adopted, would, in the view of His Majesty's Government, confer on the people of Southern Rliodesia a full and satisfactory control of tlieir government and administration subject only to tlie reservations which the peculiar liistory of tiie country imposes. They embody a policy which, if the ])eoj)le of Southern Rhodesia should decide ultimately to adopt it. His Majesty's * Appendix II in (Cnid. 127;i.J (B3;28y) 4. 2 Government would be ready to carry out. There is, however, an alternative policy — that of entry into the South African Union, which the people of Southern Rhodesia must also consider, and since the South Africa Act has not defined the conditions of entry it is my intention that a delegation should be apj)ointed to confer with General Smuts for the purpose of ascertaining the exact terms on which Southern Rhodesia could enter the Union. When these terms have been ascer- tained, and a sufficient time has elapsed for consideration and public discussion on these alternative policies, it is my view that the people of Southern Rhodesia should declare their opinion by means of a Referendum which would place both policies before them. The precise form of the Referendum need not be determined at this stage. 16. You should cause this despatch and the enclosures to be published in such form as may seem to you to be most convenient. I have, etc., WINSTON S. CHURCHILL. HiGU Commissioner Major-General His Royal Highness Prince Arthur op Connaught, K.G., K.T., G.C.M.G., G.C.V.O., C.B., ETC., ETC., ETC. ENCLOSURE No. I. SOUTHERN RHODESIA. [Draft Order in Coimcil Annexing the Terrilnrj/.) WHEREAS the Territories in South Africa situate witliiii the limits of the Southern Rhodesia Order in Comuil 1898 and Unown as Smitiiern Khoth'sin are under the ])roteotion of His Majesty the King : And Whereas Britisli subjects have settled in iarfxe numbers in the said Territories and it is expedient, with a view to the further (U-velopment and more convenient administration of the said Territoiies, that they shouhi be annexed to and should henceforth form pait of His Majesty's ])ominions : Xow, Therefore, His Majesty is pleased, by and with the advice of His Privy (Council, to order, and it is hereby ordered, as follows : — 1. Title of Order. — This Order may be cited as the Southein Rhodesia ( Aiuiexa- tion) Order in Council, 192 . 2. Limits of Order. [See Southern Rhodesia Order in Connril 1898, Sen. 4.] — • Until further provision shall be made in lespect thereof, the limits of tliis Order ai'c the jiarts of South Africa boimded by the Portuguese Possessions, by the Union of South Africa to a point ojjposite the mouth of the River Shashi, by the River Shashi to its junction with the Tati and Ramaquaban livers, thence by the Ramaquaban river to its source, thence by the wateished of the liveis Shashi and Ramaquaban until such watershed sti'ikes the Hunters' Road (called the Pandamatenka road) thence bj' that road, to the River Zambesi, and by tiiat river to the Portuguese boimdary. The'said limits include an area of ten miles radius round Fort Tuli, but exclude the area of the district known as the Tati district as defined by the C'harter of the 29th day of October, 1889, incorjiorating the British South Africa C'onipany. .3. Annexation. Name of Coloni/. — From and after the coming into operation of this Order the said Tei'ritories shall be annexed to and form jiart of His Majesty's Dominions, and shall be known as the Colony of Southein Rhodesia, hereinafter called the Colony. 4. Validitfi of Orders in Council, etc., and of Acts done thereunder. — Nothing in this Order shall affect the validity of any Order in Council affecting the said Territories, or of any Ordinance, Proclamation or Regulations ])assed or issued under any such Order, or of any act or thing done under any such Order, Ordin- ance, Proclamation or Regulations, save in so far as any provision of any such Order, Ordinance, Proclamation oi' Regulations may be repugnant to the pro- visions of any Act of Parliament w Inch may, by reason of the annexation hereby declared, become extended to the Colony or to any Order or Regulation maile under the authority of anj' such Act or having in the Colony the force and effect of any such Act. ' 5. Cormmncement of Order. — This Order shall be published in the Official Gazette of Southern Rhodesia, and shall thereupon commence and come into operation, and the High Commissioner shall give directions for the publication of this Order at such places and in such manner, and for such time or times, as he thinks proper for giving publicity thereto within the Colony. 6. Pou'er to revoke, etc. — His Majesty may from time to time revoke, alter, add to, or amend this Order. And the Right Honourable Winston Spencer Churchill, one of His Majesty's Principal Secretaries of State, is to give tlie necessary dii-ectiona herein actoid- ingly- (b 3/289j A 3 DKAFI'. 8 ENCLOSURE No. II. SOUTHERN RHODESIA CONSTITUTTOX. Abbremations in marginal referpvce.) The Governor of the Colony shall be a Member of the said Council in place of the Administrator, and shall preside at the meetings theieof, and in his absence such other Member of the said Council as may be appointed in writing by the Governor shall preside ; (r) The power of the British South Africa Company to remove or suspend nominated Members of the said Council shall be vested in the Governor, and whenever the seat of a nominated Member becomes vacant by death, resignation or removal, the Governor shall appoint a successor. * These are printed here in black type at the end of the paragraphs. The Legislative Council. 2. Legislative Council. Conslilvlimi. — It shall l)c lawful a( any (iiii<- after the connnc-ncoincnt of these Our Letters Patent for tlie Le<;islative Ass(inliiy to pasK a law, subject as hereinafter provided, constitutiii|H)intcd for the first meeting thereof, and tlieieaftci' from time to time as occasion shall require, and without undue delay, may in Our name issue writs under the Public Seal of the Colony for the general election of Members to serve in the Legislative Assembly. (T. 8. N. 22 & 23.) 4. Qualifications and disqnaJificah'ons of voters. — The qualifications and dis- qualifications of persons to be voters at any election of Mcmbeis of the Legislative Assembly to be held under the provisions of these Our Letters Patent shall be those prescribed by the existing elcctoial laws of the Colony, as hereinafter- defined, or by anj' laws amending or substituted for the same hereafter to be passed bv the Legislature constituted bv these Our Letters Patent. (Sec Report, §60 (b).) 5. First elections. — (1) For the puij^ose of tlie first election of Mend)ers of the Legislative Assembly, to be held under the provisions of these Our Letters Patent, the voters shall be the persons whose names apjiear on the register here- inafter mentioned. (T. 11 (1), as modified in M. 15 (1).) (2) For the pui'pose of the said first election the electoral districts shall be those constituted under the existing electoral laws of the CJolony for the jiurposc of the election of Members of the subsisting Legislative Council. Jt shall be law- ful for the Governor by Proclamation published in the Gazette to declare wliat number of Members shall be elected to the Legislative Assembh^ for each district and where more than one Membei- is to be returned for any district to make any necessary amendments in the existing electoral laws of the Colony with regard to the metliod of voting and the general conduct of the election. (M. 15 (2). Cf. S.R. 18.) (3) For the purpose of the said liist election the Governor shall as soon as practicable after the date of the commencement of these Our ]x>tters Patent cause lists of voters resident in each such electoral district at that date to be compiled in accordance with the existing electoral laws of the Colony, and the lists so compiled shall constitute the register of voters for the said first election. (T. 11 (2) as modified in M. 15 (4).) 6. Application of existing electoral laws for purposes of- elections gencrallij. — Subject to the provisions of the last preceding section the registration of voters, the preparation of lists of voters, the nomination of candidates, the conduct of elections and the hearing of election ])etitions shall be cariied out in accordance with the existing electoral laws of the ColonJ^ or any laws amending or substituted for the same hereafter to be passed by the Legislature constituted by these Oui Letters Patent. (T. 12. N. 24. M. 19.) 7. Biennial comjmtulion of voters.- Vor the pur])oscs of the computation here- inafter provided for, every liegistering Ofhcer in the Colony shall, from time to time, between the comjjletion of one registration of voteis and the rlate fixed for the next registration under the existing electoral laws of the Colony, insert in the alphabetical list of persons resident within his area who are within his judgment entitled to be registered, the name of any ])erson who since the com- pletion of the said first mentioned legist rat ion shall claim to have, and who in the judgment of the Registering Oflicer has, become entitled to be registered as aforesaid, and at the end of eveiy two years there shall be a comjiutation of the total number of persons inserted in the list for every such area. The first 10 <'iiiii|miImIii>ii mIijiII Im' iiiaili in. I IjiIci IIiiiii llir hi;;l iljiy ivailci' of ovvvy allciiiiilc' Iticimiiil rniili>ii. Any icdiviHion of l\w (Nilony made aH afoicHaid sluill conic into opciiilion at liic next "general election li»«ld after llie coin|tlct inn oi I lie redivinion, iiiid iimI earlier. (T. 17.) 10. Qiiiilifinilliiii of Mniihiin of Ixi/lMlaliir. A.'isrinhli/. Until otlierwiHi^ |iro- vided liy tlie hc^^islal ni'c conHtiliilcd liy llieHc Our LetttMH ralcnl, |M«rHonH <|iialilicd under the (vxistin^j el(>eloral lawH of the (.'olony to Iteconie Mondiers of th<' Le^'i.Mlativc Conneil now Hultsi.slinj^ Hhall lie (|iialilied lo liccoine .MeinherH of the Lej^iHlalive .VsHenilily. (N. 23 lal fiiinii.) 11. Sitridrr lunl lirjuilii Si>ridrr of hiyLsliiliir .l.s.sc»/V>///. The Le^inlalivo AHsemlily sliall. on their lirsl inectint^, heforc proceediiin; Id (,h(< diHpatch of any other husincs.s. elec^l one (d' llieii' Meinluun to he Speaker and anoth<'r to he Di'pntv Speaker and Chaiiinan (d ( 'oiniidlt(of, hut. th<' said .Vsst^mlily shall not Im^ eoinp(mhly may resij^n his seat t hei(>in hy writ ini^ iindi-r his hand addiessed to 1 he Spe dvcr, and upon t he receijit of such resij^nat ion hy ( h<- Speaker t he seat of such MciiiIht .iliall Ixmoiiic vacant : (T. 22. N. 35.) Provided t ha.t no Memher siiall, wilhonl (he permission of I he Le^^islative Assendily, resi^^n his seat whil(< any proceedings are peiidini; in respect of his (>leetion if it is a.||(>i^(Ml in those proceedings that any coriupt or illegal practices took p!ae(< at I hat election, oi' while any procei'din^^s are contemplated oi' p(, olher (han as (he resuK of an election pt^titioii, the Speaker shall, upon a rcsohilion of the said Assemhly declaiiii!^ such vacaiii\\', iidorm th<' ({ovtMiior thereof. (T. 23. N. 36 and 37.) (2) I'rovidiMl that if such \ai:ane.v oeciiis when the henislative Assemhly is no(. in session, (he SpeakiM', or in (he case id' (he death, incapacity, or ahscnee from (he ( 'olony of t he Speidvcr, (he ( 'Icrk (o ( he .\ssemhly, *shall, on a c(fore tlu^ ajjpoint ment or election of a President or Spt^akei' as the (^ase may be : "I, A.B., do swear that f will be faithful and bear true allegiance to liis Majesty King George the Fifth, his heirs and successors, according to Law, So help mo God." (2) Provided (hat any person authorized by law to make a solemn a llirmal ion or declaration instead of taking an oath, may nuike such allirmation or declara- tion in lieu of sueh oath. (T. 28. N. 27.) 2L Questions to lie (tcriileil hij luKJoriti/ ninh)i( I'K trnvrr and rrwwwcm/io/;.- Tlu- Jiulfzi-.s df (Ik llij^li Court — (1) Sluill he apiiuiiiti'd l)y tlic CioNcinur in CuuiKil ; (2) Shall not be rciiiovod c-xccpt by the (governor in C'ouiuil on an Addirss from the Legislative Council and Legislative Assembly in the same Session piaying for such removal on the ground of proved misbehaviour or incapacity ; (3) Shall receive such remuneration as shall from time to time be jtreserilnd by Law, but the rcmunerati(m of a Judge shall not be diminished during his tenure of oiHce, and the remuneration of the presenl Judges shall not be diminished, and their commissions shall continue as heretofore. (T. 48.) Native Administkatiox. 39. Nali ve Den c irl tt t r ut rt uJ ilj i j in fiii'iii i T rf ; f i r , rf'rfjnvn \ f fM , j ,i i rhffi' — (1) There shall be a Native Department, the permanent head of whicli sludl l»e appointed by the Governor in Council with the approval of the High Commi.s- sioner, and all Chief Native Commissioners, Superintendents of Natives, Native Commissioners and Assistant Native Commissioners, or any oflicers ajjpointed to exercise the functions now exercised by the aforesaid officers or any of them shall be appointed in the like manner and subject to the like api)rovaI, and the said officers shall continue to perforin the duties at present assignerl to t hem subject to any alterations or additions which the Governor in Council may from time to time, with the apjiroval of the High Commissioner, prescribe by notice in the Gazette, (cf. S.R. 79 (1).) (2) The salaries of the officers mentioned in the preceding sub-section shall be fixed bj^ the Governor in Council with the appioval of the High Commissioner, and shall not be increased or diminished \\ithout his approval. (S.R. 79 (2) and 71 (2).) (3) The officers mentioned in this section may at any time be removed fiom office by the Governor in Council, with the approval of the High Commissioner, but not otherwise. (S.R. 72.) 40. Suspension and removal of officers of Native Deparltnenl. — ( 1 ) The Governor in Council maj% and if so requested by the High Commissioner shall, susjiend any of the officers referred to in the last preceding section foi- misconduct ; but shall fiist cause him to be furnished with a written statement of the acts of mis- conduct alleged against him, and cause iiim to be called on to state in writing by a given day (which shall allow a reasonable interval) any grounds upon which he relies to exculpate himself. (2) If the suspension takes place, the Governoi- shall forthwith transmit a full report of the matter, and the proofs of the alleged misconduct to the High Commissioner, who maj' confirm or disallow the suspension. (3) H the suspension is confirmed, the suspended officer is 'thereby lemoved from office ; if it is disallowed, the suspended officer is thereby restored to office, and is entitled to any salary that has been withheld during his susi^cnsion. (4) If the High Commissioner is of opinion that the officer deserves punish- ment, but not the extreme ])enalty of removal from office, he may. instead of disallowing the suspension, direct that the officer Vjc restored to office, but be required to serve at a i educed salaiy, either permanently or for a stated jieriod : or that a specific sum be deducted from any salary due or to become due to the officer; or that he be transferred to a lower ofKce. (S.R. 75.) 41. Restrictive Regulations, etc., as regards natives. — Njj..(iin(lititmhi (lisiliiliti( .-^ or restri ctions which do not e qually apply to persons of European descent sliall, witE ourtlie previo u s consent ot the Hig li L'onnnissioner, be impo scdLujJOujgR-i ves (sa ve in respect nf t hejin pply of fljaM%-H,»>TnTrhTtTrm ann «'. unless such conditions, disabilities, or restriction s shall have bcen_i:xplicitly prescri jjed. defined and lin iit<^d '" Hue.h ^s\^x — {cf. S.R. 80.) 42. N^ 16 VfUin: Rc irrvr-i. — TIk' SoiitluTn Rl iodcsia Onlui' i n CouTu-il, 1020, wliere by^ the lands kiimv i' '^•^ t'^*^' ^'ttivo ll e st ives were ves ic a in the Hi^li Uomm isgloner j andstX apart tor tlie sole and exclusive use of the native inliabitants of Southern Rhodesia, shall continue in full for eeand^flcGt as if it formed ][iart of these Our Leltei-i^ Patent, and no portion of the land comprised within the said. Reserves shall be alienatedexcejrtXQr-the purposes fHithorized by the sa4d Oi'der .-and then only in exchange for other^urtablejaad. (New. See Report § 64 (3).) 43. Acqui sition of land bu natives.— A native may acquire , hold, encumber and dispose of land on the sa me conditions as a pejtson who is not a native, but no contract tor encumbering or alienating land the property of a native shall be valT(T^ unless ttie contract is made in the presence of a Magistrate, is attested by him, and bears a certificate signed by him stating that the consideration for the contract is fair and reasonable, and that he has satisfied himself that the native understands the transaction. (S.R. 83.) 44. Information as to native affairs to be given to High Commissioner. — The Crov^ernor shall furnish to the High Commissioner any information relating to native affairs which the High Commissioner may request. (New.) 45. Reference of questions relating to natives to a Jwlge. — The Governor in Council shall, if so requested by the High Commissioner, refer any question relating to natives for report to any Judge of the High Court, and the Judge shall theieupon make such enquiry as he thinks fit, and shall report to the Governor in Council the result of such enquiry. The Governor shall transmit sucIt report to the High Commissioner with a statement of the action which the Governor in Council proposes to take in the matter. (S.R. 86.) 46. Offences by chiefs or tribes. — T;i paeen conferi-ed on any Member of the existing Executive Council of Southern Rhodesia, such power, jurisdiction or authority shall be exercised by the Minister to whom it shall be assigned by the Governor in Council. (T. 61 (1).) (2) Meaning of " Legislative Council '" in existing Laivs. — Wheie in any existing Law the words " Legislative Council " occur, they shall, unless the context other- wise indicates, and save in so far as the Law or any pi-ovision thereof deals with any matter mentioned in Section 20 (2) of these Our Letteis Patent, be lead as if they were " Legislative (,'ouncil and Legislative Assembly." (T. 61 (2) as modified in M . 66 (4) . N . 41 .) 60. Power to amend by Prodaination. — The Govei-nor may, by Proclamation in the Gazette, at any time within one year from the date of the commencement of these Our Letters Patent, and provided that Our approval be j)reviou8ly signified to him through a Secretaiy of State, vary, annul, or add to any of the provisions of these Oin- Letters Patent in order to carry out the ])ur])oses of the same, and may provide foi' any other mattei- necessary in oidei- to carry into effect the provisions thereof. (T. 62 as modified in M. 67.) 6L Power reserved to His Majesiij to revoke, alter or amend certain sections of tlie present Letters Patent. — AVe do hereby reserve to Ourselves, Our heii-s anil successois, full powei' and authority from time to time to levoke, alter or amend Sections 20, 28, 39-48 and 55 of these Our Letters Patent as to L's or Them shall seem meet. (M. 68.) "* 20 62. D''Jiniliom. — In these Our Letters Patent, unless the contrary intention appears (T. 63. M. 69.)— " Existing Electoral Laws " means such provisions of any Proclamations issued by the High Commissioner and of any Ordinances passed by the subsisting Legislative Council as, being in force at the date of the commencement of these Our Letters Patent, shall regulate the qualification and disqualification of persons as voters or candidates for the subsisting Legislative Council, the constitution of electoral districts, the registration of voters, the preparation of lists of voters, the nomination of candidates, corrupt and illegal practices, the conduct of elections, the hearing of election petitions and all other matters connected with the election of Members of the subsisting Legislative Council. (New.) " Gazette " means the Official (iazette of Southern Rhodesia. " Governor " means the Officer for the time being Administering the Govern- ment of the Colony. " Governor in Council " means the Governor acting by and with the advice of the Executive Council. " High Commissioner " means Our High Commissioner for the time being for South Africa. " Month " means calendar month. " Legislative Council " means any Legislative Council wliich may hereafter be constituted by any Law passed in pursuance of Section 2 of these Our Letters Patent. (New.) " President " means the Member of such Legislative Council who shall be appointed or elected under the provisions of such Law to preside at the meetings of the said Council. (New.) " Speaker " includes Deputy Speaker. " Secretary of State " means one of Our Principal Secretaries of State. 6.3. Commencement of Letters Patent. — (1) These Our Letters Patent shall commence and come into operation on a day to be fixed by the High Com- missioner by Proclamation in the Gazette and thereafter shall be proclaimed at such place or places within the Colony as the Governor shall think fit. (T. 64). (2) Existing Law, etc., to contimie in force save as reinignant to the present Letters Patent, — All Charters, Orders in Council, Ordinances, Proclamations and I-aws which at the date of the commencement of these Our Letters Patent are in force within the Colony shall, until duly repealed or varied, continue to be of the same force, authority and effect as if these Our Letters Patent had not been made, except in so far as the same are repugnant to these Our Letters Patent, in which case they are to that extent hereby amended and repealed. (N. 4.) 64. Short Title. — These Our Letters Patent may be cited as " The Southern P^hodesia Constitution Letters Patent, 192 ." (T. 65.) In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster this day of in the Year of Our Ileign. By Warrant under the King's Sign Manual. 21 ENCLOSURE No. III. PFvAFT. SOUTHERX IIHODESIA. Lettkrs Patent passed undci' tlio Gioat Seal of tlio I'nitod Kingdom const it iifinfi tho Ollico of Governor. WHEREAS by Lettci.s Patent bearing even date lu'iowith and entitled the Southern Rhodesia Constitution Letters Patent 192 , jtiovision lias been made for tlie constitution of Res]ionsible (Jovernment in Oui' Colony of Soutliern Rhodo^sia : And whereas We are minded to make provision for the constitution of tlit office of Governor and Commander-in-(Jhief of Our said Colony : NOW know Ye that We do declare Our will and pleasure to be as follows : — 1. Appointment of Governor. — There shall be a Governor and Commander-in- (;!hief in and (xver Our Colony of Southern Rhodesia, and ap]iointments to the said Office shall be made by Commission under Our Sign Manual and Signet. 2. Governor's powers and authorities. — We do herebj' authorise, empower and command Our said Governor and Commander-in-Chief (hereinafter called the Governor) to do and execute all things that belong to the said Office of Governor according to the tenor of these and any other Our Letters Patent, having elTect within the Colony, and of such Commission as may be issued to him undei- Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony. 3. Publication of Governor's Commission. — Every person appointed to (ill the Office of Governor shall, with all due solemnity, before entering on any duties of his Office, cause the Commission apjjointing him to ])e Governor to be read and published in the presence of the Senior Judge of the High Court or of some other Judge of the said Court, and such of the Members of the Executive Council of the Colony who can conveniently attend, which being done, he shall then and there take before them the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirty-second years of the reign of Her Majesty Queen Victoria intituled " An Act to amend the Law relating to Promissory Oaths " ; and likewise the usual Oath foi- the due execution of his Office and for the due and impartial administration of justice, a\ Inch Oaths the said Senior Judge or Judge is hereby required to administer. 4. Public Seal. — The Governor shall keep and use the Public Seal <>f the Colony for sealing all things whatsoever that shall pass the said Seal. 5. Executive Council. — There shall be an Executive Council in and foi' the Colony, and the said Council shall consist of such persons being Ministers or other persons as the Governor shall, from time to time in Our name and on Our behalf, but subject to any Law of the Colony, appoint under the Pul)lic Seal of the Colony to be Members thereof. Subject to any such Law the Meinbeis of the Executive Council shall hold office during Our pleasure; provided that the Members of the Executive Council existing at the commencement of these Our Letters Patent may, if the Governor thinks fit, continue to hold office initil the appointment of Ministers. 6. Grant of Lands. — -The Governor may, in Our name and on Oui' behalf, make and execute under the Public Seal grants and disjiositions of any lands within the Colony which may be lawfully gianted or dis])osed of by Us other than the lands with regard to the grant and disposition of which provision is made under the Southern Rhodesia Constitution Letters Patent 192 . 7. Appointment of Officers. — Subject to the Southern Rhodesia Constitution Letters Patent 192 , the Governor may constitute and appoint in Our name and on Our behalf all such officers in the Colony as may be lawfully constituted or apj)ointed by Us. 8. Susjiension or removal from Office. — Subject to the said Letters Patent the Governor may, so far as We Ourselves lawfully may, upon sufficient cause to him ap])earin (io\ ernor, or to such person or persons as may from time to time, under the provisions of these Our Letters Patent, administer the (Jovernment of the Colony. 14. Term " the Governor " explained. — In the construction of these Oin- Letters Patent, the term " the Governor," unless inconsistent with the context, shall include every person for the time being administering the Government of the Colony. 15. Power reserved to His Majesty to revoke, alter or amend jrresejit Letters Patent. — And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter or amend these Our Letters Patent, as to Us or them shall seem fit. 16. Proclamation of Letters Patent. — And We do direct and enjoin that these Our Letters Patent shall commence and come into operation on a day to lie fixed by the High Commissioner by Proclamation in the Southein Rhodesia Govern- ment Gazette and thereafter shall be read and proclaimed at such place or places within the Colony as the Governor shall think fit. In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at this day of in the year of Our Reign. By Warrant under the King's Sign Manual. 24 ENCLOSURE No. IV. DRAFT. ♦ LsSTRUCTJONS payscd under the Koyal Sign iVIanual and .Signet, to the CJoveinor and Conunandcr-in-Chief of the Colony of Southern Rhodesia. Instructions to Our Governor and Commander-in-Chief in and over Our Colony of Southein Rhodesia, or to the officer for the time being administering the Government of Our said Colony. Given at Our Court at St. James, this day of in the year of Our Ik-ign. WHEREAS by certain Letters Patent bearing even date herewith We have constituted, ordered, and declared that there shall be a Governor and Commander- in-Chief (therein and hereinafter called the Governor) in and over Our Colony of Southern Rhodesia (therein and hereinarfter called the Colony) : Kecites Letters Patent, coiistitviing the office of O'orernor. — And whereas We have by the said Letters Patent authorised, empowered, and commanded the GoverTior to do and execute all things that belong to his said Ofhce, according to the tenor of the said Letters Patent and any other Our Letters Patent having effect within the Colony, and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony. NOW, therefore, We do hereby direct and enjoin and declare Our Will and Pleasure to be as follows : — Term ''Governor.'' — I. In these Our Instructions, unless inconsistent with the context, the term " Governor " shall include every person lor the time being administering the Government of the Colony. II. Oaths to he administered hy Governor. — The Governoi' may, whenever he thinks fit, require any person in the public service to take the Oath of Allegi- ance, together with such other Oath or Oaths as may from time to time be pre- scribed by any Law in force in the Colony. The Governor is to administer such Oaths or cause them to be administered by some Public Officer of the Colony. III. Governor to cotatminicate instructions to Executive Council. — The Governor shall forthwith communicate these Our Instructions to the Executive Council, and likewise all such others, from time to time, as he shall find convenient for Our sei-\'ice to impart to them. IV. Executive Council nut to proceed to business unless sumrnoncd hy the Governor's authority. Quorum. — The Executive Council shall not proceed to the desjiateh of busmess unless duly summoned by authority of the Governoi'. nor unless two Members at the least (exclusive of himself or of the Member presiding) be present and assisting throughout the whole of the meetings at which any such business shall be despatched. V. Governor to preside, and, in his absence, such Member as he way appoint, or . the Senior Member, to jjreside. Seniority of Members. —The Governor shall attend and preside at the meetings of the Executive Council unless prevented by somt- 25 necessary or reasonable cause, and in his absence such Member as may be appointed by liiiu in that behalf, or in the absence of sucli Membci' tlie senior Member of the Executive Council actually present shall preside. The seniority of the Members of the said Council shall be prescribed by the Ck)vernor. VI. Governor to t%ke advice of Executive CotuiciL — In the execution of the iK)\vcr8 and authorities vested in him, the Governor shall l)e sj^uided by the advice of the Executive Council, but if in any case he shall see sufficient cause to dissent from the opinion of the said Council, he may act in the exercise of his .said i)owei-s aiul authorities in opposition to the opinion of the Council, reporting the matter to Us without delay, with the reasons for his so acting. In any such case it shall be competent to any Member of the said Council to require that there be recorded upon the Minutes of the Council the grounds of any advice or opinion that he may give upon the question. VII. Description of laws not to he assented to. — The Governor sliall not assent in Our name to any law of any of the following classes : — 1. Any law for divorce. 2. Any law whereby any grant of land or money or other donation or grat\iity may be made to himself. 3. Any law affecting the currency of the Colon3\ 4. Any law imposing differential duties. 5. Any law the provisions of which shall appear inconsistent with oljligations imposed on Us by Treaty. 6. Any law of an extraordinary nature and importance whereby Our pre- rogative or the rights and property of Our subjects not residing in the Colony, or the trade and shipping of the United Kingdom and its dependencies may be prejudiced. 7. Any law containing provisions to which Our assent has been once refused or which have been disallowed by Us. Unless he shall have previously obtained Our Instructions upon such law through one of Our Principal Secretaries of State, or imless such law shall contain a clause suspending the operation thereof until the signification in the Colony of Our pleasure thereupon. VIII. Regulation of power of pardon in capital cases. Judge's Report to be laid before Executive Council. Governor to consult Executive Council in sttch cases. May exercise his own judgment. Entering his reasons on the Council Minutes. — Whenever any offender shall have been condemned to suffer death by the sentence of any Court, the Governor shall consult the Executive Council upon the ease of such offender, submitting to the Council any lleport that may have been made by the Judge who tried the case ; and wlienever it appears advisable to do so, taking measures to invite the attendance of such Judge at the Council. The Governor shall not pardon or reprieve any such offender unless it shall apjM'ar to him expedient so to do, upon receiving the advice of the Executive Council thereon ; but in all such cases he is to decide either to extend or to withhold a pardon or reprieve, according to his own deliberate jiulgment, whether the Members of the Executive Council concur therein or otherwise ; entering never- theless, on the Minutes of the Executive Council, a Minute of his leasons, at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof. IX. Officers to be appointed during j^leasurc. — All conunissions granted by the Governor to any persons to be Officers in the Colony shall, unless otherwise provided by law, be granted during pleasure only. X. Governor not to quit the Cohny. Temporary leave nf absence. — Except in accordance with the provisions of any Letters Tatent or of any Connnisaion under Our Sign Manual and Signet the (Joveinor shall not, upon any pretence Ji*or^C3»y 26 whatever, quit the Colony, without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State, unless for the purpose of visiting the High Commissioner for South Africa or the Governor-General or Officer Administering the Govern- ment of Our Union of South Africa, for periods not exceeding one month at any one time, nor exceeding in the aggregate one month for every year's service in the Colony. XI. Governor'' s absence from the Colony. — The temporary absence of the Governor for any period not exceeding one month shall not, if he have previously informed the Executive Council in writing of his intended absence, and if he have duly appointed a Deputy in accordance with the above recited Letters Patent, nor shall any extension of such period sanctioned by one of Our Principal Secretaries of State and not exceeding fourteen days, be deemed absence fiom the Colon V within tlie meaning of the said Letters Patent. UNIVERSITY of CALIFORNIA AT LOS ANGELES LIBRARY Printed under the authority of His Majesty's Stationery Offiob, by Harrison and Sons, Ltd., 44-47, St. Martin's Lane, W.C 2. Ll.22] (B 3/289) Wt. 9«b4— 233 250 7/22 H&S,iUd. gS ■ , -^,MMINIVFR% 1 > '%il33NVS01^'"" iHvacn-^^" .^lOS-ANr.Flfr> ^^NlOSANCElfr. , ^ ^ o rCALIFO/?/)^ ^^ ^//J '^^ "^.j >&AavaaiHW' % .■, ir r'vii\(Cr)r. %: . .liK.<>jrFf Cr A^ -^ .^ .iC.(!3D.\:^V^ %. i^F-rMim;o., ^g :;Ya^^ \WEUNIVERyM li i -nFTAlIFO^^ >^ I ,.x\iEUNIVERS/, >- < ^/; ).illV3-J(i>^ aaAiNfHVW '^oxhn /. ^. >— Ji I 5 C?c^ ^,. a5<^ IIBRARY^^ ^>^^-llBRARY6>/ ^Mf-IINIVER% v> ,\\\EI]N1VER% vvlOS-ANCFl£r>- ^OfCALIfO^^ 5: L 006 622 095 5 UC SOUTHERN REGIONAL LIBRARY FACILITY jlljl ||l|l|l l| 1 1 II III nil llllll|lllll I AA 000 989 742 :