HC Deb 20 December 1938 vol 342 c2637
1. Mr. Graham White

asked the Secretary of State for Dominion Affairs what are the arrangements under which judges are appointed to deal with criminal cases involving the death penalty for any of the inhabitants of the three High Commission Territories of South Africa; whether the judges are under the direct control of the Crown; and by whom are their salaries paid?

The Secretary of State for Dominion Affairs (Mr. Malcolm MacDonald)

The courts in the three High Commission Territories in which criminal cases involving the death penalty are tried are presided over by a judge who was appointed by the High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland, and holds office under the Crown. He is paid from the funds of the three Territories.

Mr. Robert Gibson

Are these cases tried by a judge alone, or by a judge and jury as in this country?

Mr. MacDonald

There is no jury, but the judge is assisted by assessors, or individuals answering to that description.