CAB129-52 — Page 155

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(ii) the jurisdiction of the Federal Supreme Court, original and

appellate;

Page) leaf 400 the Federal Supreme156 of 200

(iv) the legislative authority of the Legislatures of the Federation and the Territories respectively in relation to the jurisdiction of the Federal Supreme Court ;

(v) the making of Rules of Court for the Federal Supreme Court including rules regulating the procedure in questions regard- ing membership of the Federal Assembly which come before the Court under Chapter II, Part 3, of the Draft Federal Scheme;

and to make recommendations.”

178

Adaptation

of existing laws.

Rights reserved under Lewanika concessions.

Penalty for sitting or voting in Federal Assembly when un- qualified.

Federal laws may be laid on table of Territorial Legislatures.

CHAPTER IX

MISCELLANEOUS

1. At the commencement of the Federation there will be in existence a number of Territorial laws relating to matters which will under the Constitution become Federal matters. The Federal Legislature will have to make provision for such laws to be construed in a manner which conforms to the provisions of the Constitution (e.g. by the sub- stitution of references to Federal authorities for references to Territorial authorities). It may, however, be necessary to make some such pro- visions before the Constitution comes fully into operation.

The Governor-General will, therefore, be empowered in his discretion to make formal adaptations in Territorial laws for this purpose at any time before the first meeting of the Executive Council.

2. To preserve the rights reserved under the Lewanika concessions the Constitution will contain a provision similar to section 41 of the Northern Rhodesia Order in Council, 1924, which reads as follows:

"41. (1) It shall not be lawful for any purpose whatever, except with the consent of the Chief of the Barotse and with the approval of the Secretary of State, to alienate from the Chief and people of the Barotse the territory reserved from prospecting by virtue of the concessions from Lewanika to the British South Africa Company, dated the 17th day of October, 1900, and the 11th day of August, 1909.

(2) All rights reserved to or for the benefit of natives by the aforesaid concessions as approved by the Secretary of State shall continue to have full force and effect."

3. A person who sits or votes in the Federal Assembly knowing or having reasonable grounds for knowing that he is not entitled so to do will be liable to a penalty not exceeding twenty pounds for every day on which he so sits or votes. The penalty will be recoverable by action in the Federal Supreme Court at the suit of the Attorney- General of the Federation.

4. To reduce the risk of litigation on constitutional questions where the Federal Legislature and all three Territorial Legislatures are agreed, the Constitution will contain a section on the following lines: