CAB129-52 — Page 132

THE FEDERATION

1. There will be established a Federation comprising the Territories of Southern Rhodesia, Northern Rhodesia and Nyasaland.

2. The Federation will be known as the Federation of Rhodesia and Nyasaland.

3. The seat(1) of the Federal Government will be at such place as may be decided by a majority of the Federal Assembly.

The Federal

CHAPTER II

THE FEDERAL LEGISLATURE

PART 1. DIVISION OF LEGISLATIVE POWERS

1. The legislative power of the Federation will be vested in a Federal Legislature. Legislature consisting of a Governor-General), representing Her

Majesty, and a Federal Assembly.

Power to make laws.

2. (1) Subject to sub-paragraphs (4) to (6) below, the Federal Legis- lature alone will be empowered to make laws on the matters set out in the First Part of the Federal Legislative List (which Part is referred to as "the Exclusive List ").

(2) Subject to sub-paragraph (4) below, both the Federal Legisla- ture and (subject to any restrictions contained in their respective con- stitutions) the Legislatures of the Territories will be empowered to make laws on matters set out in the Second Part of the Federal Legisla- tive List (which Part is referred to as "the Concurrent List "), but in the case of inconsistency between any Federal law and any Territorial law on any such subject the provisions of the Federal law will, to the extent of the inconsistency, prevail.

(3) Exclusive power to make laws on matters not set out in either the Exclusive List or the Concurrent List will (subject to any restric- tions contained in their respective constitutions) reside in the respective Territorial Legislatures.

(4)(3) The power of the Federal Legislature to make laws on any matter in the Exclusive List or the Concurrent List will include power to make provision for the compulsory acquisition of land for Federal purposes, but-

(a) in the case of Native Trust and Native Reserve Land as defined in the following Orders in Council (which secure the interests of Africans in relation to land) all powers of the Federal Legis- lature and Government to acquire land or interests therein will be subject to the provisions of those Orders: -

(i) The Northern Rhodesia (Crown Lands and Native

Reserves) Orders in Council;

(1) A temporary seat for the Federal Government will be required in the first instance.

(2) As the authority who is empowered to assent to Bills, the Governor-General is part of the Federal Legislature. He will not preside in, or belong to, the Federal Assembly.

(3) This provision implements the assurances already given to safeguard African rights

P2 of 200

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(ii) The Northern Rhodesia Crown Lands and Native PageReservesanganyika District) Oplegs of 200

(ii) The Northern Rhodesia (Native Trust Land) Orders in

Council and

(iv) The Nyasaland Protectorate (African Trust Land)

Orders in Council;

or any Orders in Council amending or substituted for those Orders; and

(b) in the case of land in Native Reserves and in the Native Area and Special Native Area as defined in the following Letters Patent and Act of the Legislature of Southern Rhodesia (which secure the interests of Africans in relation to land) all powers of the Federal Legislature and Government to acquire land or interests therein will be subject to the provisions of those Letters and that Act:-

(i) The Southern Rhodesia Constitution Letters Patent,

1923; and

(ii) The Land Apportionment Act, 1941 ;

or any Letters Patent or any Act of the Legislature of Southern Rhodesia amending or substituted for those Letters Patent or that Act.

(5) The Federal Legislature will not by reason only of the inclusion in the Exclusive List of the words "External Affairs ", in so far as such words relate to the implementation of treaties and agreements with other countries, have power to make laws for any Territory with respect to any matter which is not in the Exclusive List or the Concurrent List.

(6) In order to avoid congestion of business in the Federal Legis- lature at the commencement of the Federation, the Governor-General will be empowered to prescribe the dates on which the Territorial Legislatures will cease to have power to legislate on any particular matter in the Exclusive List; and until such dates are prescribed the subjects in the Exclusive List will be regarded as being in the Concurrent List.

3.(4) (1) The Federal Legislature will have power to delegate by Delegation of Federal law to the Legislature of a Territory authority (either general legislative or special) to legislate for such Territory with respect to any matter authority. mentioned in the Exclusive List.

(2) (a) In this sub-paragraph "non-Federal matter means any matter not mentioned in the Exclusive List or the Concurrent List; "Federal matter means a matter mentioned in the Exclusive List: and "Concurrent matter " means a matter mentioned in the Concurrent List.

(b) The Legislature of a Territory will, subject to the provi- sions of the constitution of the Territory, have power to delegate to the Federal Legislature authority (either general or special) to legislate for

(4) These provisions enable either a Territorial or the Federal Legislature to delegate to the other. They have been inserted to give some flexibility to the working of the Constitution, but, in order to prevent weakening of the essential functions of the Territorial Legislatures, the power of delegation by them has been limited and defined..

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