HC Deb 20 November 1963 vol 684 cc1139-50

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Ian Fraser.]

10.49 p.m.

Mr. Patrick Wall (Haltemprice)

I start by welcoming the appearance of my hon. Friend the Member for Ton-bridge (Mr. Hornby) to the Dispatch Box. He may be right in thinking that he has not been thrown in at the deep end, but to make two appearances at the Box on the first occasion is quite unusual. I hope he will not feel that the waters we are entering in turning from Nigeria to Nyasaland are too deep.

We have just welcomed the independence and, indeed, the republican status of that great country of Nigeria. Nyasaland, a smaller country in Central Africa, is to become independent in July. Until that time, in the eyes of the world, we in this country are responsible for what goes on in Nyasaland. Admittedly that responsibility is technically limited, because Nyasaland, since February, has been internally self-governing, but we still have direct influence and certainly have financial influence. In the near future, the Secretary of State for Commonwealth Relations and for the Colonies will be asking the House for £5 million or more to help the development of Nyasaland. As we have this influence, I believe that it is most important both to Nyasaland and to this country to make it clear to the world that British standards of justice will remain in that country as long as we hold responsibility.

A mass of reports indicate that these normal standards of justice, law and order are not being maintained. This may or may not be true. If it is true, I want to ask what is being done to put the matter right. Members of the Federal Parliament have made some very detailed accusations about certain incidents in Nyasaland. These accusations are known to all hon. Members; they have been printed and circulated to hon. Members. I am told that the Nyasaland Government have issued a White Paper rebutting the charges, but I do not know whether that is true for, although I have done my best to get this White Paper, I have been unable to do so. If they have issued a White Paper rebutting the charges, it has not been given publicity. That is bad for the Nyasaland Government and for the British Government and, in my view, justifies this debate. If these charges can be refuted, all the better, for they were made against Her Majesty's Government in Britain and not against Her Majesty's Government in Nyasaland.

I hope that this debate will not be represented as an attack on Dr. Banda's Government. It is not intended in that way. But all hon. Members will agree that such doubts do grave harm to Nyasaland. They may encourage Europeans to leave the country or discourage investment. The object of the debate is to "give opportunity to refute these charges if they are not true and to give publicity to the factthat law and order in Nyasaland is more satisfactory than it is said to be. I know that besides the Federal Government accusation other hon. Members as well as myself have received a large amount of correspondence from individuals in Nyasaland who have told them about other incidents which have been occurring all over the place and which have appeared to show that our normal traditional standards of law and order are not being maintained.

May I take this in two stages and consider first the European and then the African. Nyasaland needs Europeans, and Dr. Banda has made it clear that he wants them to stay. He has rightly said that Europeans who do not want to stay in Nyasaland under an African Government should go, and I think that we all accept that. On the other hand, future conditions in Nyasaland must be tolerable to the Europeans to remain there, and their basic safeguard is the Bill of Rights, which is incorporated in the constitution of Nyasaland. In a speech on 22nd February, Dr. Banda asked, Is not this paper, this Bill of Rights, just a piece of paper? He added that the real safeguard for Europeans or anyone else who is not an African is the good will of the people of the country, and he is right. On the other hand, people who are not Africans and who remain in Nyasaland want to know what the safeguards laid down in the Bill of Rights will be maintained by an African Government, otherwise they will not stay, and these safeguards must depend to a great extent on the police and on the correct implementation of the law.

I therefore turn to the police. We have had reports about the police. I put a Question about the Malawi Party police in the House, and I was told that they had no legal entity and were not protected in any way by the law other thanthe way in which any normal citizen was protected by the law. I was told that they had no special standing. We know of the Kneile incident, when Europeans were beaten up for not stopping when Dr. Banda went past, and we hear that no prosecutions have followed that incident. That was confirmed in a written Question in Hansard today. Many of these kinds of incidents are caused by the Malawi Youth League, who are sometimes used as auxiliary police, and I want to refer to a speech by the Minister of Local Government in the National Legislature about the Malawi Youth League. He was speaking in a debate on the position of the European in an independent Nyasaland. The Minister of Local Government was making the point that Dr. Banda had said to his people that they must be friendly to the Europeans because they wanted them in the country. He went on to say: If he (Dr. Banda) did give us permission to perpetuate acts of vengeance they would not be talking of law and order here. They would be fleeing like refugees. They would be running away and leaving their houses and properly here; not only there would not be deportation, because deportation is very, very constitutional, very lawful. We would just act, without plan, without organisation. We would let loose our Youth League on them, and, Mr. Speaker, you probably know our Youth League. We have tough boys in the Youth League. Only one boy is enough to fix Mr. Peterkins (a European member of the Legislature). Even now as I speak the hands of the Youth League are itching. That is not a very encouraging statement to be made by a Minister from the point of view of encouraging Europeans to remain in Nyasaland. It is perhaps enhanced by the news in the Press that the girl guide organisation and other youth organisations in Nyasaland have been suspended. It is said that the Minister of Education has circularised schoolmasters, instructing them to start organising young pioneer movements and saying that all other youth organisations must be closed down.

The real point I want to make with regard to Europeans is the Paternity Order Bill, the point being that as the law now stands a woman no longer has to supply corroboration of her claim as to paternity. When I questioned this I was informed that there was only one case in three years of a European being sued by an African woman, and there was very little sympathy for such Europeans in the community. Of course, this is true, but it misses the whole point.

This change in the law has been called the "blackmailers' charter", because it allows accusations to be made against Europeans by African women because a certain European may not be popular and it may be desired to get him out of the country. It is said that if the law were properly administered these charges would not stick.True, but my next point is that there have been some drastic changes made in the local courts. These courts now have jurisdiction over Europeans. The judicial powers have been withdrawn from administrative officers who have been replaced by African magistrates who have had only a six months' magistrates course. Legal advisers are not allowed in the courts except by the permission of the Minister of Justice, and Dr. Banda has stated that if they get this permission the African magistrates will presume them to be guilty.

There was a recent case on an affiliation order and the ruling of the local court was quashed by the High Court. On the appeal, it was made clear that the president and assessor of the local court had no legal training at all. If these are the courts that Africans and Europeans have to go to to obtain justice, it does not give one much confidence in the justice that is available in Nyasaland today and which may be available in the future. It can be argued that people can appeal to the High Court. But the standards of the High Court may also be tampered with in the future. There is the case of Mr. Bredahl, who complained in court about a charge of assault. Instead of the culprits being convicted, Mr. Bredahl found himself convicted. He appealed against this conviction and it was quashed. This case was not directed against an unpopular Englishman but against a foreigner who happened to be in the country for a short time. This sort of thing will not give much confidence to Europeans to remain in Nyalasand. When these injustices happen at the moment, the sentences are quashed, but they may not be quashed in the future.

What about the Africans, because they are naturally the most concerned? My hon. Friend the Member for St. Albans (Mr. Goodhew) and I have seen a political leader's house being burned down. There was the case of Mr. Muhone, public secretary of C.A.N.U., who was beaten up in public and against whose assailants no charge has been preferred. These are actions against political leaders,but what really concerns me is the large number of charges that are being preferred against ordinary people for using insulting behaviour to Dr. Banda or for not possessing M.C.P. cards. I have in mind the case of Mr. James Chipwanya, a police pensioner with 20 years' service to his credit. He was sentenced to six months' imprisonment and a fine of £50. On appeal his sentence was increased to a year. There have been many similar cases.

For example, on 23rd June, Mr. Zakaria of Saliwa and Mr. MenardiKasitete of Mbinza were beaten up for not possessing M.C.P. cards. They were taken to a local court, were beaten up again, their hair was set on fire and they were imprisoned for the night. In the morning they were ordered to pay five years' subscriptions to the M.C.P. funds. Is it a legal offence not to possess a party card? If not, why have there been so many cases reported from all parts of Nyasaland about what has happened to people who are not in possession of these cards? This is an extremely serious matter to which we require an answer.

We must also consider the question of loyal servants of well-known Europeans in Nyasaland. I am thinking, in particular, of what happened at the Roman Catholic Church at Kalembuka during Mass. A member of the M.Y.L. came into the Church and got hold of one of the foremen of a local European farmer and asked for his M.C.P. card. The foreman told them to go to hell. They told him that he would be killed later. It is understood that the village headman was ordered to have the foreman's house demolished. They said that later, after independence, he would be dealt with. Nothing has happened to this man or his property as yet, but who knows what will happen after independence?

These allegations may be untrue. Many of the incidents and allegations may be exaggerated. Nevertheless, they have been made—many of them as far back as last June. Despite this, they have not yet been answered by Her Majesty's Government and it is in order to get an answer that I have initiated tonight's debate.

Yesterday, my hon. Friend the Member for Chigwell (Mr. Biggs-Davison) asked my right hon. Friend the Secretary of State for the Colonies in a Written Question how many police officers had resigned from service in Nyasaland in the present year and what reasons had been given for their resignations. My right hon. Friend, in a Written Answer, replied: None, although 47 have accepted invitations to retire under a limited compensation scheme to expedite the localisation programme."—[OFFICIAL REPORT, 19th November, 1963; Vol. 684, c. 68.] It is obvious that a man will not resign immediately for a principle if he can resign and take advantage of a scheme of compensation. It is important to realise the significance of this number of retirements.

I want to ask certain definite questions. Since so many court orders or judgments have been quashed, are Her Majesty's Government satisfied with the organisation and training of the local courts? Is this training sufficient? What is being done to control the M.Y.L. and stop intimidation? Is it yet a criminal offence not to possess an M.C.P. card? Are the Government considering how the rights of Europeans who are politically opposed to M.C.P. will be protected after independence? I fear that we shall hear a lot more about what will happen to Europeans after independence.

Great concern has been expressed in the House about Chief Enahoro. There has also been a great deal of talk about Nigerian justice. My hon. Friend the Member for Plymouth, Devonport (Miss Vickers) spoke on this subject earlier. We have heard tonight that Nigeria has one of the best systems of justice in the Commonwealth. At present, there are accusations and correspondence with hon. Members of this House about justice in Nyasaland. Many of these accusations and questions remain unanswered. Would the Government consider the appointment of an intergovernmental investigation, perhaps under the direction of such a distinguished person as that friend of the Africans Sir Robert Tredgold? This should be done not in order to condemn Dr. Banda's Government but to show clearly that these accusations are exaggerated and perhaps that many of them are untrue. Only when we restore confidence in justice in Nyasaland can that country go forward to independence as a truly non-racial country.

11.5 p.m.

Sir Godfrey Nicholson (Farnham)

I am very sorry that my hon. Friend the Member for Haltemprice (Mr. Wall) has raised this matter tonight, since he has not even taken the trouble to read the refutation of Mr. Julian Greenfield's charges, published by the Nyasaland Government. A copy is in the Library of this House. Anybody could make a similar speech about any country in the world; a Member of the Nyasaland Parliament could make exactly the same sort of speech about the police here, and with specific cases, too. These are vague and generalised charges. I say definitely that the administration of justice in Nyasaland is of a very high level. It may not be perfect, or even as high as it is here, but my hon. Friend's speech is based upon exaggerations and untruths.

Mr. A. G. Bottomley (Middlesbrough, East)

I merely want to congratulate the hon. Baronet the Member for Farnham (Sir G. Nicholson) on what he has just said.

11.7 p.m.

The Under-Secretary of State for Commonwealth Relations and for the Colonies (Mr. R. P. Hornby)

Despite what has been said by my hon. Friend the Member for Farnham (Sir G. Nicholson) and by the right hon. Member for Middlesbrough, East (Mr. Bottomley), I am personally grateful to my hon. Friend the Member for Haltemprice (Mr. Wall) for raising this subject. I say that because I am sure that the whole House would agree that the preservation of law and order and the impartial administration of justice are the indispensable foundation-stones of any civilised society. It is true that suggestions have recently been made that all is not well in these respects in Nyasaland. It is also true that the Federal Minister of Law in Central Africa has called the attention of the Federal Parliament to a number of disturbing cases, and my hon. Friend has echoed some of these complaints tonight.

First, therefore, I want to make it quite clear that the Government take serious note of any such complaints. I would not wish in any way to minimise the responsibility we have for ensuring that the rule of law holds sway in Nyasaland. In taking that view, I think that I can also say, and I will try to show to my hon. Friend also, that our feelings are shared by the Nyasaland Government, whose leaders fully recognise how much damage can be done to the reputation of their country by some of the allegations that have been made against them.

Perhaps I can best help my hon. Friend and the House if I try to deal in some detail with one or two of the points he has made, and then go on to make some more general comments about the way in which the law is being administered in Nyasaland, and what proposals the Nyasaland Government have for improvements in that respect.

The House will also probably like to know, as my hon. Friend the Member for Farnham has pointed out, that members of the Deputy-Governor's office in Nyasaland have made careful inquiries into a number of recent incidents, and copies of their Report, entitled "The Rule of Law in Nyasaland" have been placed in the Library. It is on that Report that I am very largely drawing, and I very much hope that my hon. Friend and others will read it, as it will show that many of the facts differ substantially from the allegations that have been made; and that, in every case, improper decisions have been quashed with the maximum possible speed and, in other cases, where appropriate, proceedings have been instituted.

I would add that if at any time my hon. Friend, or other hon. Members, care to bring to my attention specific cases besides those mentioned tonight or dealt with in the Report, I will do my best to have them investigated—

Mr. Wall

I am grateful to my hon. Friend, but I sent several cases to the Central Africa Office six weeks ago, and have not yet had a reply.

Mr. Hornby

I will do my best to see that my hon. Friend has a reply as soon as possible.

I should now like in the time available to refer to one or two points made by my hon. Friend. First, there is the Bill of Rights. Full provision is included in the Constitution for any person who claims that his rights under the Bill of Rights have been violated to seek redress in the High Court of Nyasaland, and the fact is that no person of any race or group has yet sought the High Court's protection under this Section.

Secondly, there are the actions of the police and the suggestion that the law is not being impartially administered. One of the cases referred to in the report of the Federal Minister of Justice concerned the assault on three Europeans, to which my hon. Friend the Member for Haltemprice referred. The point there, as reported to me, was that the proceedings were begun and an identification parade was organised. The three Europeans were unable to identify any of the assailants and there were no grounds for proceeding with the case.

Another instance was that of the Danish subject who was working in Nyasaland with a firm of contractors and was a witness in an assault charge against an African co-employee. At the end of the trial he was himself convicted summarily of conduct likely to cause a breach of the peace and was sentenced to imprisonment. If my hon. Friend will study the report in the Library he will find that the local court Commissioner had reviewed the case, ordered a retrial and had set at liberty the convicted person within 24 hours of sentence being passed. Subsequently the Director of Public Prosecutions terminated all further proceedings.

Next there was the case of Mr. James Chipembere. This was one of the cases concerning the use of insulting language against the political leaders of the country. The point to note here is that the use of insulting language or other conduct likely to cause a breach of the peace is an offence which can be brought before the courts. The point to be made is that there is a possibility of a breach of the peace if insulting comment is made against a highly popular leader. And if a breach of the peace is likely to take place, there is the possibility there, as in other countries, of a case being brought forward.

In the time available I should now like to say something about the background to these cases. As my hon. Friend the Member for Haltemprice knows, a reorganisation of the courts was carried out in Nyasaland in 1962. As a result, the 207 old chiefs' courts were replaced by a system of 163 local courts constituted by the Minister of Justice. These changes were made as a deliberate attempt to improve the administration of justice and to separate it clearly from the executive, a separation which had not existed before at this level.

The new system has undoubtedly had its teething troubles. My hon. Friend is quite right about that. They spring mainly from the experience of the presidents of the local courts and from the speed with which these new courts were set up. It is for this reason that I should like to mention particularly the Regional Commissioners and the Chief and Deputy-Chief Commissioners of these Regional Courts. These men are fully trained and experienced officers and they now possess full powers to review and if necessary to quash any sentence of a local court which in their opinion has been improperly imposed. It is therefore through them that remedial action has been taken in many of the cases to which my hon. Friend referred.

As to the improvement of court procedure, the Nyasaland Government have taken a number of measures to improve the conduct of these Local Courts. For example, a law school staffed by qualified lecturers from Britain and America has been established near Blantyre for the training of local court presidents and clerks, and so far about 100 have attended. Courses of training are being organised by the Regional Commissioners. The appeal system has been considerably strengthened. Twenty new local appeal courts have been set up. The Chief Justice intends that these appeal courts should go on circuit, thereby making it easier for defendants to exercise the right of appeal if they so wish. The right of legal representation has been established in all these appeal courts as well as in some 17 of the local courts, and it is the intention of the Nyasaland Government to extend this right of legal representation, which never existed before under the old African courts, as soon as practicable—that is to say, as soon as the courts themselves become sufficiently ex- perienced in the handling of legal evidence.

To summarise, therefore, I would say quite openly that there certainly have been cases of rowdyism, and perhaps worse, and that this has been publicly condemned by Dr. Banda. There have also been cases of maladministration of justice, but these have been promptly dealt with by the Regional Commissioners as soon as they came to their attention. It should also be realised that the cases in question have been very few in number. To the best of my knowledge, there have been fewer than 20 such complaints. That figure should be set against the 3,000 to 4,000 cases which are dealt with in the Blantyre Urban Court alone in one year. The efforts which are being made to improve the training of court presidents and the opportunities for appeal reflect the determination of the Nyasaland Government to see that justice is properly administered.

I conclude, therefore, by saying once again that I will gladly investigate any specific cases that are brought to my attention and that so long as the Government hold responsibility for law and order in Nyasaland we remain pledged to do all in our power to secure the rule of law, but I cannot see that it would be helpful to securing the rule of law to institute proceedings that my hon. Friend suggested at the end of his speech.

Question put and agreed to.

Adjourned accordingly at seventeen minutes past Eleven o'clock.