Constitutional Development (Hansard, 18 December 1958)

§ Mr. Lennox-Boyd

After considering very carefully all the representations which have been made to me from different quarters and all that was said in the debate in this House on 27th November I have decided that the proposals in my despatch of the 10th September contained in Cmd. 530 should stand. I shall tender advice to Her Majesty accordingly at the earliest practicable date. There are several points, however, on which I thought some clarification to be desirable and I have accordingly sent the Governor of Northern Rhodesia a further despatch the text of which will be circulated with the OFFICIAL REPORT.

Following is the text of the despatch to the Governor of Northern Rhodesia for circulation in the OFFICIAL REPORT:

"I have the honour to refer to my despatch No. 516 of 10th September, 1958, in which I informed you of my proposals regarding the changes to be made in the Constitution of Northern Rhodesia before the election of a new Legislative Council.

2. Since I addressed you on this subject in my despatch under reference I have received representations on the proposed constitutional changes from many quarters urging that I should make various modifications to my proposals. I have given most careful consideration to all these representations and to all that was said in the course of the debate in the House of Commons on 27th November, 1958, of which you have already received the OFFICIAL REPORT. However, I have reached the conclusion that the proposals as they stand represent the fairest reconciliation of the interests of the various communities, having regard to the special conditions of Northern Rhodesia and that no change in them would contribute further to this object.

3. I have given especially careful consideration to the proposal that candidates in the six special constituencies should be required to obtain certificates approving of their candidature from two-thirds of the Chiefs in the constituency concerned. This proposal has been criticised on the grounds that there would be likely to be mechanical difficulties in the way of its successful operation and that it might impede the development of a party political system on normal lines. On the first point I understand that a period of some sixty days will normally be available between the announcement of a dissolution and nomination day, and that there is no provision under which certificates could be revoked. It seems to me therefore that potential candidates for special seats should have adequate time to obtain certificates. As regards the second point, it is of course one of the principles underlying the new constitution that politics should be encouraged to develop on party rather than on racial lines. A complete system of party politics cannot, however, be built up overnight in a territory such as 276W Northern Rhodesia where the Africans have not hitherto participated in any form of direct elections. For them the new constitution represents an experiment in the beginnings of representative government, and I consider that there is very great force in the argument that it is wise to provide a bridge between the two concepts of direct election and traditional rule by Chiefs. At the same time, I consider that the Chiefs should be given clear guidance setting out the considerations which they should have in mind in approving or disapproving of the candidature of a particular candidate. I should be glad therefore if you would arrange for the Chiefs to be advised that they should not refuse certificates on such grounds as tribal identity or party political affiliation. No regard should be given to which, if any party the candidate proposes to support. The criterion should be whether the prospective candidate has personal and other qualities which would make him an adequate representative of the people in his constituency and whether he is a fit and proper person to put himself forward as a candidate. Given this guidance, I consider that the Chiefs should be able to perform the function allotted to them satisfactorily. I recognise, however, that this is an experiment which it will be necessary to watch carefully. If it is abused in any way, it will be necessary to consider whether it should be continued.

4. It has become apparent that there is need for some clarification of certain points in my earlier despatch. My proposals include the appointment of six Unofficial Ministers to Executive Council and the nomination of two Nominated Unofficial Members of Legislative Council. It will of course fall to the Governor in his discretion to make recommendations to me regarding the choice of members of the Legislative Council to be appointed as Unofficial Ministers and to nominate the Nominated Members of Legislative Council. At the same time I consider that in order to constitute an Executive Council which will command a majority in the Legislative Council; which will be such as to enable the principle of collective responsibility to be consistently applied; and which will encourage the growth of the party political system in Northern Rhodesia, the Governor before selecting the un-officials whom he will recommend for appointment as Ministers should consult with, and pay due regard to the advice of, the Member of the Legislative Council who as a party leader is in the Governor's opinion most likely to command the support of a majority of the elected members of the Legislative Council; and that in making his selection he should first consider elected members. That same member of Legislative Council would be among those whom the Governor would consult before nominating the two Nominated Un-official Members of that Council.

5. I also consider that, if after completing his consultations, the Governor cannot find among members of the Legislative Council, including the two Nominated Unofficial Members, the full number of persons suitable for appointment to the Executive Council, then the composition of the Executive Council should still be considered complete even if the full 277W number of Unofficial Ministers has not been appointed, and I propose to tender advice to Her Majesty that the Royal Instructions should so permit.

6. It has been represented to me that a Chief Minister should be appointed from the elected members in the Legislative Council. In my view the time has not yet come when it would be appropriate for such an appointment to be made. I should, however, be prepar,x1 to consider this matter again when the time is appropriate."