§ 36. Mr. Fenner Brockwayasked the Under-Secretary of State for Commonwealth Relations on what grounds Mr. Fleischack, a solicitor of Johannesburg, was refused permission to represent in the district commissioner's court, at Serowe, members of the Bamangwato tribe, who had been convicted by the native court on charges of holding prohibited meetings.
§ The Under-Secretary of State for Commonwealth Relations (Commander Allan Noble)The laws of the Bechuanaland Protectorate provide that no legal practitioner may appear before a subordinate court in an appeal case from a native court except with the special leave of the Resident Commissioner. Special leave is not normally granted except in cases where it is shown that legal representation of the parties is necessary, such as when the appeal depends on a point of law other than native law and custom, or when the facts were unusually complicated or difficult.
In proceedings before the subordinate court at Serowe, Mr. Fleischack gave no reasons why special leave should be granted.
§ Mr. BrockwayIn view of the situation in Bechuanaland, where a large section of the Bamangwato tribe is uneasy, and in a condition of discontent—[HON. MEMBERS: "No."] yes—because of what has happened to Seretse Khama—would it not be wise to enable them to be represented on these occasions by a lawyer in the way requested, and for the Resident Commissioner to give consent?
§ Commander NobleIt is quite irrelevant whether or not these people were supporters of Seretse, because the action taken was a perfectly normal one, which was quite impartial and well understood in the area.