HC Deb 28 April 1964 vol 694 cc180-2
6. Mr. Swingler

asked the Secretary of State for the Commonwealth and the Colonies if he will consent to the purchase of Mr. Sydney Kitching's farms in Swaziland by the Swaziland National Council so as to assist him to comply with the Commissioner's request to leave the territory by 30th June.

Mr. Fisher

The consent of the British Government to such a purchase is not required.

Mr. Swingler

Is the Under-Secretary of State aware that Mr. Kitching was arrested in South Africa last week during a business visit, and that he has been held incommunicado under the 90-day Act and that not even the British Consul is being allowed to see him at the moment despite the fact that he is the holder of a British passport? In view of the fact that the Swaziland Commissioner has required him to clear up his affairs, and he wishes to clear up his affairs, in Swaziland by 30th June, would the hon. Gentleman consult with the Foreign Office to make representations to the South African Government either to bring Mr. Kitching to trial or else release him in order to enable him to get on with the sale of his farms in Swaziland?

Mr. Fisher

Mr. Kitching was not deported to South Africa but went there voluntarily. He did not have to leave Swaziland till 30th June. He has not claimed political asylum. I do not think that the Secretary of State should direct the local Government to buy land unless they wish it. If the Swaziland National Council wish to acquire the land, I have no doubt that the Commissioner will give his approval.

Mr. Bottomley

Is not this interfering with the liberty of a British subject who has been detained in the Union? This has happened before, and we ought to make representations. Further, this gentleman is deprived of the opportunity of selling his land before the given date. Surely arrangements ought to be made for him to carry out his legitimate business?

Mr. Fisher

No. I think there is some misapprehension. He appears to be a South African national. I think he has dual nationality, in fact, so I believe that the Government have no locus standi in making representations to the South African Government about this.

Mr. G. M. Thomson

Could the hon. Gentleman tell the House why Mr. Kitching has been asked to leave Swaziland by 30th June?

Mr. Fisher

That is quite a long story. He was granted a two years' temporary residence permit when he entered Swaziland in 1961. Application for renewal I think was rejected. He appealed, and the appeal was disallowed, but the Commissioner has allowed him to remain in the Territory up to 30th June, which was much longer than he should have been there, to enable him to settle his affairs.

Mr. Swingler

Is the hon. Gentleman aware that Mr. Kitching has been, and has shown that he is, anxious to negotiate the sale of his farms in Swaziland to the Swaziland National Council in order to be able to quit Swaziland by 30th June, but the obstacle now is that he is being held under arbitrary arrest under the 90-day Act in South Africa? Would the hon. Gentleman, therefore, as responsible for the Government of Swaziland, make representations through the Foreign Office, as Mr. Kitching is the holder of a British passport, to the South African Government either to release him or to bring him to trial?

Mr. Fisher

No doubt Mr. Kitching is anxious to make arrangements to get rid of his farms, but it is not our fault that he voluntarily crossed the border to South Africa and put himself into this difficulty. However, as he has dual nationality I will certainly take legal advice as to whether we have any locus standi. I doubt if we have, but if we have, I will consult with the Foreign Office Ministers about this case.