HC Deb 08 May 1902 vol 107 cc1077-8
MR. JOHN ELLIS (Nottinghamshire, Rushcliffe)

I beg to ask the Secretary of State for War whether his attention has been called to what occurred in the Supreme Court of Cape Colony on 12th April, when two convictions of the resident magistrate of Clanwilliam were held to be illegal and quashed; and especially whether he is aware that the Chief Justice declared, with the concurrence of his colleagues, that the present system under which magistrates have to administer Martial Law regulations is unfair to the magistrates and fatal to the due administration of justice, and that therefore the additional duties so imposed upon the magistrates are inconsistent with the due performance of their duties as Administrators of the ordinary law of the Colony, and ought, if possible, to be avoided; and, whether he will take steps to put an end to a system thus condemned by Chief Justice de Villiers and his colleagues.

MR. BRODRICK

I have no information on this matter.

THE SECRETARY OF STATE FOR THE COLONIES (Mr. J. CHAMBERLAIN,) Birmingham, W.

As this Question should properly have been addressed to me, I may say, perhaps, that I have seen a newspaper account of the proceedings referred to. The matter is one which primarily concerns the Cape Government, and I have not as yet been informed of their views on the subject.

MR. JOHN ELLIS

The right hon. Gentleman will understand that I put the Question to the Secretary for War because it deals with martial authority, which is presumably directed by Lord Kitchener. Will further inquiry be made?

MR. BRODRICK

No. Representations must come from the Cape Government in the ordinary course.