CAB129-37 — Page 1049

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IS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S GOVERNMENT)

SECRET

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C. P. (49) 250

10TH DECEMBER, 1949.

CABINET

COPY NO. 31

BECHUANALAND PROTECTORATE: SUCCESSION TO

CHIEFTAINSHIP OF THE BAMANGWATO TRIBE

Memorandum by the Secretary of State for Commonwealth Relations

In the memorandum which I circulated on 19th July (C. P. (49) 155) I explained the problem which had arisen from the marriage to an English girl of Seretse Khama, the Chief Designate of the Bamangwato tribe in the Bechuanaland Protec- torate. At their meeting on 21st July (C. M. (49) 47th Conclusions, Minute 8), the Cabinet decided that a judicial enquiry should be held into the circumstances attending the election of Seretse Khama as Chief and that the terms of reference of the enquiry should be drawn up by the Lord Chancellor, the Lord Privy Seal, the Secretary of State for the Colonies and myself.

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The judicial enquiry was duly constituted under the Bechuanaland Native Administration Proclamation and consists of Sir Walter Harragin, C. M. G., K. C., Judge of the High Court of Basutoland, the Bechuanaland Protectorate and Swaziland (President), Mr. R. S. Hudson, C. M. G. African Studies Branch, Colonial Office, and Mr. G. E. Nettleton, C. B. E. Government Secretary of the Bechuanaland Protectorate.

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After consulting the High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland, the following terms of reference were agreed:-

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"(1) To report whether the kgotla held at Serowe between

the 20th and 25th June, 1949, at which Seretse Khama was designated as Chief of the Bamangwato tribe, was properly convened and assembled, and its proceedings conducted in accordance with native custom.

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(2) To report on the question whether, having particular

regard to the interests and well-being of the tribe, Seretse Khama is a fit and proper person to dis- charge the functions of Chief."

The Commission of Enquiry, which began taking evidence on 1st November, has now concluded its hearing and is at present engaged in preparing the report. Sittings were held at Serowe (the capital of the Bamangwato Reserve), and also at Lobatsi in order to take evidence from the Regent, Chief Tshekedi refused to go to Serowe on the plea that his life would be endangered thereby.

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