CAB129-52 — Page 137

50. European Police Recruitment, European Police Training, Police Force Central Reserve, Criminal Investigation Department and Records. (10)

51. Health.(11)

52. Promotion of Tourist Traffic.

53. National Parks.

54. Town Planning.

and Cadastral

55. Geological, Trigonometrical, Topographical and

Surveys.

56. Production and Distribution of Government Films.

57. Census and Statistics.

58. Jurisdiction of Federal Courts (subject to the provisions of the

Constitution(12)).

2. No specific proposals can be made about the respective powers Taxes on of the Federation and the Territories to legislate with regard to taxes income. on income or government borrowing until the Fiscal Commission(18) Government has reported,

borrowing.

3. The power to make laws relating to trade unions and industrial Trade conciliation will remain Territorial(14); and the power of the Federal unions and Legislature to legislate on any matter in the Federal Legislative List industrial will not, therefore, include power to legislate on trade unions or indus- conciliation. trial conciliation.

4. The Federal Legislature will be empowered to make laws on matters incidental to the execution of any power vested by the Con- on incidental

Legislation

stitution in the Federal Legislature or in the Government of the Federa- matters. tion or in the Federal Judicature or in any officer or department of the Federation, including the appointment of persons for the execution of such powers.

A Territorial Legislature will similarly be empowered to make laws on matters incidental to the execution of any Territorial power.

(10) One of the objects of including this item in the Concurrent List is to enable the Federal Government to provide uniform standards of recruitment and training for all European Police Officers throughout the three Territories, while at the same time leaving the Territorial Police Forces responsible to the Territorial Governments in the execution of their duties.

The Federal Government will also be empowered by this provision to provide certain common specialised police services, e.g. the C.I.D. and the Fingerprint Bureau, and to maintain a Police Force Central Reserve, members of which could be made available to the Territorial Governments on loan or secondment on a contractual basis. In addition, the Federal Government will require to have its own law enforcement officers of all ranks for a number of services which appear in the Federal Legislative List, e.g. Customs and Immigration. If the Federal capital is declared to be “extra- territorial" it will also require police to maintain law and order in the area.

(11) One of the reasons for placing this item in the Concurrent List is that in the

· Northern Territories a number of public health regulations are enacted and enforced by the Native Authorities. As a general principle it is considered that regulations made under a Federal law should not apply to Native Authorities and it is therefore intended that such regulations should be made under Territorial legislation.

(12) See Chapter II, Part 3, paragraphs 3 (1) (h), 13, 14 (5) and Chapter VIII. (13) See Chapter VI.

(14) This is necessary as an interim measure in view of the differences which exist at present between the Territories in the laws relating to trade unions and industrial conciliation. So far as Federal Government undertakings are concerned, the Confer- ence considered that an obligation should be placed on the Federal Government to promote the adoption in agreement with the three Territorial Governments of unified machinery for industrial conciliation.

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Composition

of Assembly.

Allocation of seats.

Electoral law.

PART 3. THE FEDERAL ASSEMBLY

Page 138-0fel Assembly will consist 55 members, namely—

Composition of the Federal fembly of 200

he Federal

(a) 26 Elected Members;

(b) 7 Elected Members for African Interests; and

(c) 2 Appointed Members for African Interests.

(2) (a) The Elected Members will be elected and hold their seats in accordance with the provisions of paragraphs 2 to 5 below.

(b) The Elected Members for African Interests will be elected and hold their seats in accordance with the provisions of paragraphs 6 to 13 below.

(c) The Appointed Members for African Interests will be appointed and hold their seats in accordance with the provisions of paragraph 14 below.

(3) The Federal Assembly will choose its own Speaker and Deputy Speaker. The Speaker may be chosen either from among the 35 members mentioned above or from outside the Assembly. The Deputy Speaker will be chosen from among the 35 members mentioned above. (See paragraphs 15 to 17 below).

Elected Members

2. The 26 seats for Elected Members will be allocated as follows-

Southern Rhodesia-14 seats. Northern Rhodesia-8 seats.

Nyasaland-4 seats.

3. (1) Except for the first general election (and subject to the special provisions with regard to Nyasaland contained in paragraph 5 below), the Federal Legislature will be empowered, subject to sub-paragraph (3) below, to make provision for the election of Elected Members and in particular for the following matters in relation to such members and their election-

(a) qualifications and disqualifications for election ;

(b) the circumstances in which such members will vacate their

seats;

(c) qualifications and disqualifications for registration as an elector

or for voting at elections;

(d) the registration of electors;

(e) the holding of elections, direct or indirect;

(f) the delimitation of electoral districts for the purpose of return- ing such members to the Federal Assembly and the allocation to any such district of seats in the Assembly;

(g) the definition and trial of offences relating to elections and the

imposition of penalties therefor; and

(h) the determination by the Federal Supreme Court of any ques- tion which arises as to the right of any person to be or remain such a member.

(2) In the exercise of the aforesaid powers the Federal Legislature may provide for different methods of election in different Territories and also for different methods of election within the same Territory.