CAB129-52 — Page 54

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(THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT)

CONFIDENTIAL

CABINET OFFICE

RECORD COPY

C.(52) 164

COPY NO.

lol

16th MAY, 1952.

CABINET

BECHUANALAND PROTECTORATE

BAMANGWATO SUCCESSION

Memorandum by the Secretary of State for

Commonwealth Relations

54

As agreed by the Cabinet (C.C.(52) 34th Conclusions, Minute 1), the Government's decision about Seretse Khama was announced in Parliament on the 27th March. The Bamangwato delegation have since been told that the Government stands by this decision (C.C.(52) 47th Conclusions, Minute 1).

2.

Legislation is required to implement it. I have been advised by the Law Officers that, to ensure its safety from challenge in the courts, it must take the form of an Order in Council. Since this will have to be laid before Parliament, I think that my colleagues should be aware of the position. Parliamentary approval is not required but there is always a possibility that laying of the Order will occasion a demand for a further debate.

3.

The Order in Council will provide for:

(a) the exclusion of Seretse and Tshekedi and their children

from the chieftainship;

(b) the filling of the vacancy in the chieftainship of the

Bamangwato tribe;

(c) the exercise by a person or persons (i.e. the District

Commissioner) of all the powers of the chief in the meanwhile;

(d) for ensuring tribal unity.

The Law Officers are satisfied that it is not open to challenge in the courts.

4.

The exclusion of Tshekedi and his children is necessary to remove tribal suspicions that the Government's decision is intended to permit Tshekedi to assume the chieftainship. Tshekedi, who has been confidentially informed of our intentions, has warmly welcomed them.

5.

1:

The indications are that the sooner the Order in Council is made the better for the administration of the Reserve. I therefore propose to submit the Order, of which a draft is annexed, to Her Majesty in Council without delay.

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Commonwealth Relations Office, S.W.1.

16th MAY, 1952.

S.

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