12,337.
PUBLIC RECORD OFFICE
Reference :-
CO. 885
No. 80.
(CAPE OF GOOD HOPE.)
THE SOLICITOR-GENERAL to COLONIAL OFFICE.
OPINION as to ORDINANCE passed by Legislature of Griqualand West to establish a LAND COURT.
1. The answer to the question whether the Governor of Griqualand West has a general power under the Letters Patent and Royal Instructions when a Bill passed by the Legislative Council is submitted to him to give a direction that the Bill be returned to the Legislative Council, and that certain amendments therein should be proposed, must depend altogether upon the meaning to be attached to the words " or other direction thereupon," made use of in the 12th clause of the Letters Patent.
With great hesitation I have come to the conclusion that these words are wide enough to include such a power as that contended for by the Governor, and as I see no good reason for applying to them a more restricted sense, I am of opinion that the Governor has power to give such directions as those referred to.
2. I do not think such power can be limited or overridden by the standing orders made in accordance with the 26th clause of the Letters Patent. It seems to me that, if the 12th clause does give the Governor power to direct the reconsideration of a Bill, it would not be competent for the Legislative Council to adopt any standing orders which would have the effect of preventing such direction being carried out, and that any orders framed with a view to accomplish such an object would be void. Moreover, it may, I think, be contended that the standing orders were not intended to apply such an exceptional proceeding as the reconsideration of a Bill by the direction of the Governor.
3. I have great difficulty in dealing with this question, for, if the Governor has the power to order a Bill to be reconsidered, there is an obligation on the Legislative Council to obey such order; and I cannot understand how such power and obliga- tion can exist and at the same time standing orders which forbid the reconsideration of the Bill remain in force.
I think, practically, my replies to questions 1, 2, and 4 dispose of this question. 4. I think that, even if the standing orders have been disregarded, still the Ordinance which has been passed by the Legislative Council and assented to by the Governor is valid.
It appears to me impossible to hold that the infringement of rules or orders made "for the more orderly conduct of business 11 can render the deliberate action of the Legislative Council of no effect.
9 November 1875.
J. H.
4
▲ 12916.-80. 85-15/84.
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