CAB129-52 — Page 138

14

Page 138

160

161

(3) (a)(15) If the Speaker, or the Deputy Speaker on his behalf, certifies that any Bill of the Federal Legislature makes provision for

isqualifications of disqualifications for 39 of 200

(ii) the circumstances in which a member will vacate his seat;

or

(iii) qualifications or disqualifications for registration as an

elector or for voting at elections;

then the Bill will require to be passed by a vote of two-thirds of all the members of the Assembly and to be reserved for the signification of Her Majesty's pleasure.

(b) The requirements of sub-paragraph (3) (a) above will not apply in respect of any provision which-

(i) disqualifies a person for election or for registration as an elector or for voting at elections, by reason of his being concerned in any offence relating to elections; or

(ii) requires a person to vacate his seat upon conviction of

such an offence.

4.(16) (1) For the first general election to the Federal Assembly, and thereafter until the Federal Legislature otherwise provides, the election of Elected Members, including the matters particularly referred to in paragraph 3 (1) above, will be governed-

(a) as regards Southern Rhodesia, by the law which is in force immediately before the commencement of the Federation in respect of elections to the Southern Rhodesia Legislative Assembly; and

(b) as regards Northern Rhodesia, by the law which is in force immediately before the commencement of the Federation in respect of elections to the Northern Rhodesia Legislative Council.

(2) (a) To enable them to be used thus for Federal elections the electoral laws of Southern and Northern Rhodesia will require some adaptation. (In particular it will be necessary to delimit Federal electoral districts, which will be fewer in number than the existing districts). The necessary adaptations(17) will be made by the Governor- General by regulations.

(b)(18) In adapting the electoral laws of Southern and Northern Rhodesia for the purposes of Federal elections, the Governor- General will be required to provide

(i) that if a member of a Territorial Legislature stands for election to the Federal Assembly and is elected thereto he will not take his seat in the Federal Assembly until he has resigned his membership of the Territorial Legislature; and

(15) This is the politically important part of the electoral law and is made subject to special procedure.

(16) The transitional provisions in paragraphs 4 and 5 are necessary to enable the first Federal elections to be held before there is any Federal law.

(17) The adaptations so made by the Governor-General will, of course, be effective only for the purpose of the Federal elections and will in no way apply in respect of elections to the Legislative Assembly of Southern Rhodesia or the Legislative Council of Northern Rhodesia.

(18) It will be noted that the same person cannot belong to both the Federal Assembly and a Territorial Legislature.

15