MR. HERBERT (Buckinghamshire, Wycombe)I beg to ask the Under-Secretary of State for the Colonies whether, prior to the proclamation of martial law in Natal, or up to the present time, there has been any armed resistance to the law; whether the Petition of Right is part of the law of Natal; whether any sanction has been given by the Legislature of Natal, either before or since the proclamation of martial law, for the suspension of constitutional rights by the Executive; and for how long His Majesty's Government intends to be a party to the suspension of the constitution by the Executive Government without legislative sanction by continuing His Majesty's commission to the Governor.
§ MR. CHURCHILLNo, sir, no armed resistance has, I understand, taken place, though it was apprehended. I understand that under the Roman Dutch Common Law, which is the common law of Natal, there is no Petition of Right, but in 1894 the Legislature passed an Act to provide for enforcement of claims against the Crown which substantially secures to the subject the same privileges. The Legislature of Natal has not been in session since martial law was proclaimed in Zululand. With regard to the attitude of His Majesty's Government I cannot at present add anything to the statements already made.
MR. HERBERTMay I ask the right hon. Gentleman whether His Majesty's Government will press the Government of Natal to summon the Legislature without delay?
§ MR. CHURCHILLA matter which affects the assembly of the Natal Parliament must be a matter for the Natal Government to decide. The Government will no doubt be held to account by their supporters and opponents in their own Parliament.
MR. HERBERTIs not His Majesty's Government satisfied that the Constitution has been suspended, and is His Majesty's Government not responsible for that by maintaining the 198 Governor who gave his consent to that proceeding?
§ MR. CHURCHILLI do not think we can attempt to advise the Natal Government as to the method upon which they should deal with their own Parliament, to which they are responsible and by which they are controlled. I am not aware that the Constitution has been suspended.
MR. HERBERTDoes the right hon. Gentleman lay it down that for the Executive Government in time of peace to announce that they will not proceed according to the law of the land is not a suspension of the Constitution?
§ MR. CHURCHILLI must explain that an Act of indemnity will have to be passed to cover the action taken under martial law. That Act has first to be passed in the Natal Parliament, and that is the moment when the people of Natal will be able to express any opinion they have formed on the conduct of the Executive. That Act will also have to receive the sanction of the Crown.
§ MR. LUPTONBefore it is sanctioned by the Crown will the matter be brought before Parliament?
§ MR. HAROLD COX (Preston)What does the right hon. Gentleman mean by "the people of Natal "?
§ MR. CHURCHILLI mean, of course, a more limited representation than would be conveyed by the words "people of Great Britain." I mean the people of Natal who elect the Parliament.