22-APR-1991 17:09
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.14
13
dezives nis autnority #rom the
Governor.
But here
is first,
the
une Disector faceu with two uifficulties: maxim delegatus non potest delegare, anu, seconuly, the proposition that the Letters Patent require the personal exercise by the Governor of the power to maxe grants anu dispositions of Crown
alther as a matter of construction land, of Article XIII or on the yroùnu that the provisions of the Article amount a delegation of the Ruyai Prerogative in the matter of disposal of Crown land. EACH is a formidable difficulty. the first, no argument has been against the applicability of the maxim, that the matter it ig not suyyeateu
is one signature of such agreements necessaril in the
Y
anu
Of
which
Sr.
to
As to
advanceú
interests of administrative convenience, fall to be dealt with by officers suboruinate
by
the
to the Governor. As to the second uifficulty I woulu nold that power conferred upon the Governor Article XIII is one personal to his high office The disposal of Crown land in any territory of the Crown musc matter of consideravle consequence.
well be that the Governor is a delegace of the prerogative of the Crown in this respect. Whether this be
се a
50
anu
It
not,
the Letters Patent have the force of law, overriding local laws (vide colonial Laws Validity Act, 1865) the obvious intention, in my view, is that the power of disposal of Crown lana is one to be exercised by the Governor personally, in
in the absence of legislation enabliny some other moue of . aisposition. It is significant that in
territories the grant Dy officers
even O E other than the Governor
such transient rights as temporary licences to occupy Crown land is the subject of specific enavliny leyislation.”
any
Presumably,
Article XII1
was
as a direct result
1you so a...enced in
of this
to
decision, read as "follows:
benalf.
anu
•
XIII (1) The Governor, in Our on Our fants
anu name
may Makd ans execute
of any Lands uispositions
Di'd 0190 698 258
02:21 22-40-1667