HC Deb 19 November 1963 vol 684 cc70-2W

The Governor of Northern Rhodesia has been authorised by the Secretary of State for Commonwealth Relations and the Colonies to announce the following further details of the new Constitution of Northern Rhodesia under which the territory will proceed to internal self-government.

The Governor will retain responsibility on behalf of Her Majesty's Government for defence and external affairs and, unless authorised otherwise by a Secretary of State, he will reserve for the signification of Her Majesty's pleasure any Bill which in his view is inconsistent with any obligations imposed on Her Majesty by any treaty, convention or agreement with any country or international organisation, or is likely to prejudice the Royal prerogative.

The Governor will be assisted by a Deputy Governor, who will be appointed by the Governor on Her Majesty's instructions. The post of Chief Secretary will disappear.

The Executive Council will be replaced by a Cabinet. This will consist of a Prime Minister and not more than 13 other Ministers to whom portfolios will be assigned by the Governor in accordance with the advice of the Prime Minister. The Prime Minister will preside over the Cabinet. AH Cabinet papers and minutes of Cabinet meetings will be circulated to the Governor.

The Attorney-General will continue to be the official legal adviser to the Government, but will not be a Minister or a member of the Cabinet.

Parliamentary Secretaries will be appointed by the Governor on the advice of the Prime Minister.

The Legislative Council will total 75 members, of whom 65 will be elected in main roll constituencies and 10 in reserved roll constituencies. The electorate of the main roll constituencies will be African; that of the reserved roll constituencies willbe European. Asians and coloured persons will be allowed to opt on which roll they wish to vote. Members of any race may stand as candidates in all constituencies providing they possess the necessary qualifications to be a voter on either roll; they do not require to have actually registered as voters.

The House of Chiefs will retain its present functions.

The Governor will retain responsibility for public order and for the use and operational control of the police force, but he may delegate such responsibilities if he thinks fit.

The Constitution will contain a Code of Rights based generally on that now in force in Nyasaland. The Bill of Rights will set out the fundamental rights and freedoms of the individual and will provide protection from discrimination. There will be a Constitutional Council whose functions will include that of considering whether Bills referred to it by Members of the Legislature are inconsistent with the Code of Rights.

The establishment of the High Court and of a Court of Appeal will be provided for in the Constitution. The Chief Justice, who will be appointed by the Governor acting after consultation with the Prime Minister will be the President of the Court of Appeal. The Justices of Appeal and Puisne Judges will be appointed by the Governor acting in accordance with the advice of the Judicial Service Commission. The tenure of office of judges of the High Court and the Court of Appeal will be laid down in the Constitution. The Judicial Service Commission, with the Chief Justice as Chairman, will also deal with appointment, disciplinary control and removal from office of the magistracy.

The Public Service Commission and the Police Service Commission will become fully responsible during the course of 1964 for appointments, disciplinary control and removal from office of members of the civil service and the senior members of the Northern Rhodesia Police.

These decisions follow the broad measure of agreement reached between the party leaders at the recent constitutional discussions held by the Governor.

An Order in Council to be published in due course will contain the full provisions of the new Constitution.

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