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No. 170.

(SOUTH AFRICA: RHODESIA.)

COLONIAL OFFICE to LAW OFFICERS.

[Interpretation of Articles 82 and 85 (1) (relating to lands assigned to natives) of the Southern Rhodesia Order in Council, 1898.]

GENTLEMEN,

Downing Street, 8th January, 1914.

I AM directed by Mr. Secretary Harcourt to inform your that he desires to be favoured with your advice on certain questions which have arisen between His Majesty's Government and the British South Africa Company (hereinafter called

the Company") regarding the true construction of certain provisions contained in the Southern Rhodesia Order in Council, 1898.

Article 81 of that Order in Council provides that "The Company shall from time to time assign to the natives inhabiting Southern Rhodesia land sufficient for their occupation, whether as tribes or portions of tribes, and suitable for their agri- cultural and pastoral requirements, including in all cases a fair and equitable pro- portion of springs or permanent water."

Article 82 provides that "All questions relating to the settlement of natives on the lands within Southern Rhodesia shall be dealt with and decided by the Adminis- trator in Executive Council, but all such decisions shall be subject to review by the High Commissioner."

Article 85 (1) provides that " No natives shall be removed from any kraal or from any land assigned to them for occupation except after full inquiry by, and by order of the Administrator in Executive Council, approved by the High Commissioner." A copy of the said Order is enclosed for your consideration.

The questions upon which your advice is desired depend upon whether Articles 32 and 85 (1) above mentioned are to be construed as confined to land and kraals on land assigned to natives under Article 81 or whether the procedure specified in Article 85 (1) must be observed when natives are removed from any kraal or from any land occupied by them. The circumstances under which these questions have arisen may be summarized as follows:-

By an agreement relating to Matabeleland and Mashonaland, dated the 23rd May, 1894, between Her late Majesty's Government and the Company (a copy of which is enclosed for your consideration) it was amongst other things agreed (Clause 24) that a Land Commission should be appointed to deal with all questions as to native settlements in Matabeleland (the territory is now included in Southern Rhodesia).

By Clause 27 it was agreed that the Land Commission should as regards Mata- beleland assign to the natives then inhabiting Matabeleland lands sufficient and suitable for their agricultural and pastoral requirements.

By Clause 30 it was agreed that no removal of natives from any kraal or from any portion of land assigned by the Land Commission should take place to another locality except after due inquiry made upon the spot and with the authority of the said Commission.

On the 18th of July, 1894, the Matabeleland Order in Council, 1894 (a copy of which is enclosed for your consideration) was passed to give effect to the said agree- ment. The said Order in Council applied to the territories now known as Southern Rhodesia.

By Article 44 of the said Order a Land Commission was constituted and by Article 49 it was provided that the Land Commission should deal with all questions relating to the settlement of natives on the lands in that part of the territory within the limits of the Order known as Matabeleland and that the said Commission should without delay assign to the natives inhabiting Matabeleland lands sufficient for their occupation, whether as tribes or portions of tribes, and suitable for their agricul- tural and pastoral requirements.

By Article 52 it was provided that no natives should be removed from any kraal or any land assigned to them for occupation, except after full inquiry by, and by order of, the Land Commission.

The Land Commission appointed under the provisions of the last mentioned Order recommended that two areas of land should be reserved for the occupation of

(1268-3.) Wt. 134-872, 25, 6/14. D & S. G. 1.

PUBLIC RECORD

OFFICE

Reference :-

TLC.O.885

16 PUBLIC RECORD OFFICE, LONDON

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