HC Deb 15 July 1930 vol 241 cc1090-1

asked the Secretary of State for Dominion Affairs the text of Section 43 of the letters patent embodying the Southern Rhodesia constitution, as now amended, to render possible the passing of the Land Apportionment Act?


As the reply is necessarily a somewhat long one, I will, with my hon. Friend's permission, circulate it with the OFFICIAL REPORT.

Following is the reply:

The text of Section 43 of the Southern Rhodesia Constitution Letters Patent, 1923, as amended by Letters Patent dated the 26th of March, 1930, reads as follows:

  1. "(1) A native may acquire, hold, encumber and dispose of land on the same conditions as a person who is not a native, but no contract for encumbering or alienating land the property of a native shall be valid unless the contract is made in the presence of a Magistrate, is attested by him, and hears 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.
  2. (2)—
    1. (a) A Law passed by the Legislature in order to secure that natives may alone acquire and hold land in certain parts of the Colony, and that persons who are not natives may alone acquire and hold land in other parts of the Colony, or to make further provision in regard to the encumbrance and disposal of land acquired and held by natives, shall not, if it has received our assent as hereinafter provided, be deemed to be repugnant to the foregoing sub-section or to repeal or alter any of the provisions of these Our Letters Patent or to be made in contravention of the limitations imposed by sub-section (2) of section 26 thereof.
    2. (b) The Governor shall reserve for the significance of Our pleasure any Law passed by the Legislature in pursuance of the foregoing paragraph, and no such Law shall have any force unless and until the Governor 1091 has made known that it has received Our assent in the manner provided in sections 32, 33 and 34 of these Our Letters Patent.
  3. (3) The provisions of the foregoing subsection shall apply to any Law amending, altering or repealing any such Law passed and assented to by Us as aforesaid."