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PUBLIC RECORD OFFICE

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C.O. 885

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15 PUBLIC RECORD OFFICE, LONDON

SIA,

No. 198.

(NATAL-ZULULAND.)

LAW OFFICERS to COLONIAL OFFICE.

[Grants or Alienation of Crown Lands in Zululand.]

Royal Courts of Justice,

July 30, 1903. We were honoured with your commands signified in Mr. H. Bertram Cox's letter of the 21st instant, stating that he was directed by you to transmit to us a despatch, dated the 4th June, 1903 (with its enclosures), from the Governor of Natal, which raised the question of the proper construction of Section 18 of the Zululand Annexation Act of Natal, No. 37, of 1897.

That Mr. Bertram Cox was to transmit to us a copy of the Consolidated Statutes of Natal, in the 3rd volume of which, under the title "Zululand," would be found the Act in question and the other Acts passed upon the annexation of that province to the Colony. That he was also to transmit to us a print of the Letters Patent of the 1st of December, 1897, by which Zululand was annexed to Natal.

That it would be seen from the Parliamentary Paper (C. 8782 of 1898) that considerable correspondence passed between His Majesty's Government and the Colonial Government at that time with reference to the terms on which the incor- poration of Zululand should be carried out, and that it was laid down (see page 15) that, as far as possible, the provisions of the Natal Annexation should follow the precedent of the British Bechuanaland Annexation Act (C. 7932, pages 17-21, see Section 17). That at page 22 of Parliamentary Paper C. 8782, it would be observed that the Governor, in paragraphs 1 and 2 of his Minute of 8th October, 1897, pointed out that it would be necessary to limit the powers of the Government of Natal with regard to grants of land in Zululand, and used language implying that legislation would be necessary to enable grants of land to be made. That accordingly, under the arrangement arrived at, it was provided by Section 18 of Act No. 37 of 1897 that until other provisions should have been made in that behalf, with the approval of His Majesty, no grants or alienation of Crown lands within Zululand should be made, nor, till then, should the natives be disturbed in the use and occupation of any lands occupied or used by them at the time of the taking effect of the Act.

That the Natal Government were now anxious to make grants of land in Zulu- land, and that the question had arisen as to the nature of the provisions which were to be made, with the approval of His Majesty, for the grant of such lands.

That the contention of the Natal Government appeared to be that inasmuch as upon annexation the whole of the lands in Zululand passed to the Crown, the Crown could make grants of them, or any portions of them, and that the approval of His Majesty might be given by despatch through a Secretary of State, or by some other means, without the necessity of legislation.

That, on the other hand, it would be seen that when it became necessary to sel apart Crown lands in a particular district of Zululand for the purposes of the Leprosy Law, and to remove natives from the locality selected, legislation was enacted. That Mr. Bertram Cox was to transmit to us a copy of Act No. 7 of 1901, and to refer us to the provisions of Sections 1 and 2 of that Act. That the Ministers of the Colony contended that that was a special case, and that it was not necessary, in order to comply with the provisions of Section 18 of Act No. 37 of 1897, that an Act of the Natal Parliament should be passed.

That Mr. Bertram Cox was to request us to take the papers into our consideration and to advise you:→

1. Whether it was necessary that an Act should be passed by the Parliament of Natal to enable grants or alienation of Crown lands within Zululand to be made, having regard to the provisions of Section 18 of Act No. 37 of 1897.

2. If not, what other provision should be made in that behalf, with Iis

Majesty's approval, for the grant of such lands.

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