CO885-(13-15) — Page 132

15,760.

No. 158.

(ZULULAND.)

PUBLIC RECORD

OFFICE

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C.O. 8

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, August 6. 1889. We were honoured with your Lordship's commands, signified in Sir Robert Herbert's letter of the 29th ultimo, stating that he was directed by your Lordship to request our opinion on the following point relative to the disposal of certain Žulu Chiefs convicted of participation in the disturbances which took place in Zululand last year. That the Chiefs in question were named Dinizulu, Undabuko, and Tshiugana, the first-named being the son and the last two the brothers of the late King Cety wayo.

That the legislative authority for Zululand was the Governor acting alone, who was authorised to legislate by proclamation. That by virtue of that legislative authority he constituted last year a Court of Special Commission for the trial of prisoners accused of offences connected with the disturbances. That a copy of the proclamation constituting the court was enclosed for our information. That it was before that court that the three Chiefs in question were tried and convicted, and on the 27th of April were sentenced by the court to the following terms of imprisonment :-

10 years.

Dinizulu Undabuko Tshingana

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That they were now in prison at Eshowe, in Zululand, awaiting the final decision of Her Majesty's Government, who had undertaken to examine the evidence in their cases and decide whether their sentences should be confirmed in whole or in part. That the evidence had not yet been received in this country, and that no final decision had been taken in regard to the ultimate fate of the prisoners, but that it was desirable that Her Majesty's Government should not delay to ascertain in what manner, in the event of the sentences being confirmed, steps should be taken for the removal of the prisoners to another Colony, there to undergo their sentences.

That there were two Acts of Parliament bearing on the subject, the first being the Colonial Prisoners Removal Act, 1869 (32 Vict. c. 10), and the second the Colonial Prisoners Removal Act, 1884 (47 & 48 Vict. c. 31).

That the first-named Act did not impose any conditions or restrictions on two Colonies which desired to form an agreement under it, but that the procedure was somewhat cumbrous, and in the present ease might involve too long a delay to allow of the Act being resorted to.

That your Lordship desired, therefore, to ascertain whether the Act of 1884 could be resorted to in the case now under consideration. That your Lordship was disposed to think that the case of the Chiefs in question fell within section 2, sub-section (d), of the Act of 1884. That there was no prison in Zululand in which the prisoners could properly undergo their sentences, because close confinement within a small place would be improper in their case, and that as there would be reason to apprehend interference and possibly attempts to rescue them if they were to remain in Zululand, their removal was otherwise expedient for safer custody, or for more efficiently carrying the sentence into effect."

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That as long as the Chiefs remained in Zululand their presence would be made the occasion of unceasing intrigue, and even. their safe custody could not be considered as absolutely secured.

That it would certainly be necessary to keep them during the whole time of their incarceration (if in Zululand) in close custody and subject to all the restrictions of prison discipline, but that although that would be warranted by the terms of their sentences it was not a mode of treatment which as at present advised Her Majesty's Government desired to see inflicted upon them.

That it had been proposed to send them to Saint Helena or to some other British possession beyond the sea for that purpose as they could be lodged there in fairly

A 57014.-30. 95.-8/89.

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