Sir GILBERT PARKERasked the Under-Secretary of State for the Colonies if he can now state what will be the constitutional position of the Orange River Colony Land Board if and when a constitution is granted to South Africa; and whether it will remain under the Imperial Government, be controlled by the South African Parliament, or be absorbed in the administrative functions of the provincial councils I
§ Colonel SEELYThe Secretary of State has now been informed by the High Commissioner that in his opinion and that of the South African Convention there is nothing in the draft South African Constitution Act as it stands which will alter the position of the Land Boards except that in virtue of clause 15 of the Act the Governor-General will be charged with the powers now exercised by the governors of the respective Colonies during the period which may intervene between the establishment of union and the expiry of the five years prescribed by the Transvaal and Orange River Colony Letters Patent. The Union Parliament could, of course, legislate respecting the Land -Boards, subject to the right of veto, but the Colonial Parliaments have the same power at present. The Provincial Councils could not legislate unless power to do so were delegated to them under clause 85 (XII.) or (XIII.), but the Secretary of State is informed that, in Lord Selborne's opinion, no such delegation is in contemplation.
Sir GILBERT PARKERAm I to understand from the hon. and gallant Gentleman that at the present time the Legislature of any individual Colony might, as it were, legislate the Land Board out of existence. because that seems to me quite contrary to the constitution?
§ Colonel SEELYI cannot add anything to the answer, which I think is quite explicit. All such legislation will be subject to veto.
Sir G. PARKERIs it not the case that under the constitution that it is not possible, except with the assent of the Land Board itself, Jor any arrangement to be scene to for terminating the existence of the Land Board, and that the Legislature of the Colony has no power at all, if I read the constitution aright, to legislate that Land Board out of existence?
§ Colonel SEELYI think it is an academic question.
§ Colonel SEELYYes, because there is no such proposal, nor could any such proposal be in contemplation with regard to the present Parliament. It would be possible, theoretically, no doubt, for such action to be taken subject to the veto of the Crown, but there is no likelihood of its being done..
§ Mr. SPEAKERThe lion. Member may resume the Debate later, on the Motion for adjournment.