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Page 165 large majority of those present acclaiming him as the hereditary heir to the Chieftainship. The High Commissioner states that it would appear that consti- tutional questions regarding the marriage were rather submerged in the process and that the implications of the marriage were not defined. Tshekedi subsequently made a formal statement to the effect that tradition was being so severely flouted, and native law and custom so abused, that he proposed, having wound up his administration, to leave the Bamangwato Reserve, and he declared that he would never concur in acceptance of a white woman as the Chief's first or principal wife.

5. In the ordinary course, the signification of approval by the majority of the tribe would be regarded as an adequate ground for proceeding to recognise Seretse. It appears, however, that the recent meetings were not very fully repre- sentative of the tribe as a whole, since those present included more than half the men of the tribal capital, but only about one-fiftieth of those in the country districts. There had also evidently been a good deal of propaganda by certain members of the tribe who nurse various personal grievances against Tshekedi. Nevertheless, it is surprising that there should have been such a sudden reversal of the opinion expressed by the great majority of the tribe last year. The High Commissioner states that the local administrative aspects are such that he feels great hesitation about the immediate recognition of Seretse. In his opinion, the doubts cast upon the representative character of the assembly, the indefinite nature of the decisions taken at it, the obscurities relating to the status and position of Seretse's wife and any children of the marriage, and the dangers of a split in the tribe and of a breakdown of native administration, are sufficient reasons for holding some further enquiry, which would allow time for a considered verdict..

6. There are, moreover, other wider considerations involved. The suggestion that we should recognise a chief who is married to a white woman has caused intense feeling among Europeans, both in the Union of South Africa and in Southern Rhodesia. Representations have been made to me by the High Commis- sioner for the Union in London, on behalf of his Government, to the effect that the repercussions in the Union of a white woman becoming the Chieftainess in an African tribe will be extremely grave. Similar views have also been expressed to our High Commissioner, Sir Evelyn Baring, by the Prime Minister of Southern Rhodesia. Sir Evelyn Baring reports that information which he has received, from such a reliable authority as the Secretary of the Department of External Affairs, has convinced him that this matter is the gravest which has faced us since he first went to South Africa. It is suggested that the more extreme Nationalists will argue that the recognition of Seretse would demonstrate the folly of allowing the existence side by side in Southern Africa of two systems of native administration diametrically opposed to one another. They would say that South Africans should not and cannot remain associated with a country which recognises officially an African Chief married to a white woman, and they would make Seretse's recognition the occasion of an appeal to the country for the establishment of a Republic, and not only of a Republic, but of a Republic outside the Commonwealth. Sir Evelyn Baring states that the South African Prime Minister is desperately worried and feels that he could not successfully oppose an extremist offensive on these lines. It must be remembered in this connection that the Union Government have a particularly close interest in the Bechuanaland Protectorate, since this is one of the territories which, in view of the provisions in the South Africa Act of 1909, they look upon as due to be transferred to the Union. The question of such transfer has been frequently raised by the Union Government and, quite apart, therefore, from the graver possibilities indicated above, the demand for the transfer of the High Commission Territories might clearly become more insistent if we disregarded the Union Government's views in a matter of this kind in relation to one of these territories. The fact that Dr. Malan iş feeling extreme anxiety, rather than jubilation, at the present development, is evidence that the threat to the Commonwealth relation- ship must be taken seriously. Indeed, we cannot exclude the possibility of an armed incursion into the Bechuanaland Protectorate from the Union if Seretse were to be recognised forthwith, while feeling on the subject is inflamed.

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the sub 165 of 662 165 In all these circumstances it seems clearly important that a

of 662.

that a decision in favour of Seretse's recognition, if it is ever to be taken, should not be rushed, and

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·

3

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that there ad16 dife6tome for reflection and enquiry. Pagbel Béchfaland Protectorate Native Administration Proclamation there is a provision to the effect that, if any doubt arises whether a person designated as chief is worthy or capable of exercising that office justly, or for any other sufficient reasons is a fit and proper person to discharge the functions of chief, the High Commissioner may direct that a judicial enquiry should be held to enquire into the matter and to report thereon to the High Commissioner, who shall then decide the matter. The High Com- missioner accordingly proposes that use should be made of this provision and that an enquiry should be held, presided over by the Judge of the High Courts of the High Commission Territories, to investigate Seretse's suitability for the Chief- tainship and the true views of the tribe. During the interval the present Regency would continue. It is proposed that the Judge should be assisted by two other officers, one of whom might be the Government Secretary of the Bechuanaland Protectorate and the other possibly a retired administrative officer from one of the other two High Commission Territories.

8. There appear to be two possible courses of action. We could declare now that we could not recognise Seretse in view of his disregard of the native custom in the matter of his marriage. The Local Administration, indeed, feel that if we are ever to take this line, it would be better to do so now.

Sir Evelyn Baring has, however, explained that he has assumed that the United Kingdom Government would not be prepared to declare forthwith that Seretse cannot be recognised as Chief simply on the ground that an African married to a European woman cannot successfully perform the functions of a Chief. The other course of a judicial enquiry, which Sir Evelyn Baring has advocated as an alternative to immediate refusal to recognise Seretse, would at least demonstrate, both in the Union of South Africa and in Southern Rhodesia, that the Protectorate author- ities and the United Kingdom Government were mindful of the gravity of the issues involved. It cannot, of course, be assumed that the enquiry would result in a report unfavourable to the recognition of Seretse. But the eventual decision would still remain with the High Commissioner and a careful enquiry into all the issues should have resulted in the presentation of a report which would set out fully the pros and cons, and would provide clearer material for a decision than exists at present.

9. I am still in communication with the High Commissioner on various aspects of the matter, and I will shortly be able to present a further report to my colleagues. This preliminary paper has been prepared in advance of further advice from the High Commissioner, since it is important that a decision should be announced as soon as possible. Seretse's wife is likely to leave for South Africa within a short time, and, if she joins him there before we have made any announcement, the position will have become much more difficult, since the

press would sensationally represent this as the arrival of a white "Chieftainess. It would be very difficult to overtake the implications of this, and any subsequent announcement would look like a harassed rear-guard action. The High Com- missioner is anxious therefore to be authorised to make an announcement by 23rd July, when he is visiting Mafeking, and will be able to see both Seretse and Tshekedi, and so could first inform them personally.

10. In the light of the above, and of the further report which I hope to make, a decision has to be taken between (i) declaring now that Seretse is not recognised, and (ii) announcing the appointment of a judicial enquiry.

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Commonwealth Relations Office,

19th July, 1949.

P. J. N-B.