The Royal African Society

Quarterly ChronicleAuthor(s): Alan GraySource: African Affairs, Vol. 57, No. 226 (Jan., 1958), pp. 2-10Published by: Oxford University Press on behalf of The Royal African SocietyStable URL: http://www.jstor.org/stable/719061 .

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2

Quarterly Cirotlicle Compiled by ALAN GRAY

THE Colonial Secretary, Mr. Lennox-Boyd, announced in November 1 that the Lyttelton Constitution was to be aballdoned in Kenya,, arld put

foiward fresh proposals for a Legislative with increased African represen- tation. The African members of the Legislative Council, led by Mr. Tom Mboya, said they could not accept these new proposals. Mr. Lennox-Boyd, refusing Labour Party requests for further inter-racial taLks on the con-

stitution of the Leslative Council, has sad he New Kenya believes the ratio of seats offered by him in the Settlement new proposals is in the best interest of all sections

of the Kenya community. The new proposals were announced by the Colonial Secretary at Nairobi

in the course of }uis nsit to East Afnca. His statement followed the resigna- tion o,f the five elected members of the I egislative Council holding ministerial posts. The object of their resignation was to restore the initiative to the British Government.

In the course of his statement Mr. Lennox-Boyd said he had reached the disappointing conclusion that local agreement was not in sight. Throughout the taLks he had sought " a fair and durable solution of current political problems." After explaining why he had decided that the Lyttelton Con- stitution had become unworkable, Mr. Lennox-Boyd said: " I have decided to initiate constitutional changes designed to meet the main needs, aspira tions and anxieties of the peoples of Kenya as a whole. Before I leave for the United Kingdom I wish to give you a general outline of my intentions. These intentions are clear and definite. Subject to Her Majesty's pleasure, I will arrange for them to be expressed subsequently in proper constitutional form which wili incoIporate any consequential changes of detail. To deal first unth the constitution of the Legislative Council. I recognize that on merit the African population is under-represented, in terms of members returned by a communal electorate, in relation to other groups. I therefore intend to provide for the addition of six such seats for the AfIican population from constituencies to be subsequently determined. It is also intded to provide for one seat on the Govetoment Bench to be filled by a Nominated Representative from the Northern Province which so many of us still think of as the ' northern frontier district.' It is a further intention that the two seats at present filled by Corporate members shall not remain beyond 1960. Proposals were made last year by aSl groups for the creation of additional seats to reduce the disparity between GoveInment and non-Govemment sides of the House and to provide a place in the Legislative Council for the Minister who dranvs support from more than one community. I intend in this connection to provide for the creation now of 12 such seats, four to be filled by Europeans, four by Afncans alld four by Asialls of whom one shall be an Arab, one shall be an Asian Muslim and two Indians who are not

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QUARIERLY CHRONICLE Q

is slims These seats will be filled through election by the whole Ledatiare Council sitting as an Electoral College, voting by free and secret ballo+. The method of nominating candidates for election to these seats will be decided later.

" The number of such seats designed to pronde representation not based on purely communal electorates may be increased dunng the next ten years but during this period the proportions between alld within the groups which I have indicated will not be varied. In addition, my alteration in the total nuTnber of seats, or in the method of filling them, will be subject to the approval of the Council of State to which I will refer later. These additional seats of all kinds may add considerably to the non-Government side of the House. Provision will be made to ensure that the Governor will at all times be able to appoiIlt such numbers of Nominated Members as will secure m adequate Government majority. In any future expansion of the Legislatixre Council there will be no additional seats based on election by purely com- munal electorates. Once the extra Afncan seats and non-communal seats proposed have been filled, tsvo Ministers will be selected from African members. Of the two Afncan isters, one will hold the portfolio of Housing and the other a portfqlio which will include adult education and commlmity development. The European and Asian Ministers wthout portfolio will be given defined responsibilities. It will be seen that the total size of the Council of Ministers remains as fixed last year. It will be fully large enough and I do not think that efficiency would be served by any further increase. The dierision of Ministerial Offices as between members of Public Services and Unofficials snll remaa as at present, subject to the Governor's discretion to make adjustment in the burden of responsibility carned by individual Ministers. The portfolios of Finance and of Forest Development, Game and Fi.sheries may be filled ?rom within or xthout the Public Service. Of the remaining Unofficial Ministers four will be European, two AEican md two Asiall. The position of Aduser on Arab Affairs who is entitled to participate in the Council of Ministers will remain unchanged.

" There wiN be not less than three and not more than six Parliamentary Secretaiies whose Office urill be changed to that of Assistant Minister. It is the present intention that two of the Assistant Ministers will be Africanss one an Asiall and one all Arab. In order to protect any one community against discinatory legislation hannful to its interests there will be created a Council of State with certain defined powers of delay, revision and refererlce. I shall, in consultation with my colleagues and the Govemor, determine the powersX functions and composition of the Council of State. It will be convened whenever the occasion anses to exercise its functions.'J

THE political scene in Ghana contmues to be somewhat disturbed. s In early December the deportation of four aliens of Syrian and Lebanese

origin was ordered because '? their contmued presence is not conducive to the pubEc good." A further Lebanese) absent at the time from the countryy

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4 AFRICAN AFFAIRS

wa5 ordered not to return. All five were wealthy merchants trading s Ashanti. They had lived in the country for 30 years.

The Govemment has repealed the Golden Stool Ghana Still of Ashanti (Detention and Deportation of Desecra- Disturbed tors) Act, 1921, under which five people were

deported to Nigeria. Four have since died; the repeal of the Act will permit the return of the fifth man.

In the Kumasi Divisional Court Mr. Justice Smith has held that the court could not inquire into the validity of the special Act under which two Muslim leaders, Alhaji Amadu Baba and Alhaji Alufa Otinan Larden Lalernie, were deported from Ghana. He also held that the pending actions by the two men were determined by section 4(2) of the Act.

The Ghana Government on July 30 ordered the deportation of the two AlhajisJ who the next day sought a declaration from the court that they were Ghanaians and as such could not be deported under the pronsions of the deportation Act. While these proceedings were before the court, and in spite of an undertaking given by counsel that the Alhajis would not be deportedJ the Govemment passed the special deportation Act which em- powered the Minister to deport the two leaders, and pronded that any proceedings in any court should be automatically terminatedJ and that no deportation order made under the special Act should be subject to appeal to or review in any court.

The Ghana Government has brought in a new emergency powers Bill which gives the Government no additional powers and " if anything rather modifies present ones," according to Mr. Kofi Baako, Minister of Information. He explained that the Cabinet did not consider it necessary to adopt the plan for special legrslation to cover local deportations in time of emergency which had been put forward by Mr. Krobo Edusei, Minister of the Interior. The Bill was a routine measure which was being enacted not because there was an emergency but because emergencies could arise.

Opportunity is taken in the Bill to reskape the form of emergency powers set out in two British Orders-in-Council of 1939 and 1956. 1. It will no longer be possible for the Governor to suspend the Constitution,

nor for ParliaJnent to be extended beyond its normal term. 2. For the first time there is pronsion to ensure that Parliament is informed

of the reasons for an emergency, and it must be summoned sethin 10 days, if there is a general emergency. Mr. Baako said the Gourernment would decide collectively when a general emergency began and ended.

3. The Government, unlike that under the colonzal administration, will have to lay before Parliament any regulations made under the emergency wwers orders? and they will lose their effect unless Parliament approves them within 28 days.

The Government has announced that it has withdrawn recognition of Nana Ofori Atta II as paramount chief of Akim Abuakwa, the largest State in Southem Ghana. Nana Ofori Atta and the Asantehene have openly oppo.sed Dr. Nkrumah's policies. The Government has also set up a special

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s QUSERLY CHRONICLE

commission, headed by a former judge of the Ghalla Supreme Court, Mr. J. JacOcsont to investigate the affairs of Akim Abuakwa State.

The Government has also anrlounced the appointment of five M.P*s as Regional Commissiotlers in the regions of Ghana. They are Mr. J. E. Hagall for the Western Region, Mr. L. R. Abavana for the Northern Region, Mr. H. T. Korboe for the Eastern Region, Mr. E. Degraft Dickson for Ashanti, and Mr. C. H. Chapman for Trans-Volta Togoland. They wiU be chief representatives of the Government m their respective regions and will take precedce as such. They vvill also be responsible for ensunng that the machinery of government works smoothly and efficiently there.

A SERIES of meetings took place in London between Mr. F. C. Erasmus, Minister of Defence of the Union of South Afnca, alld Lord MancroftJ

United Kingdom Minister without Portfolio. A statement issued later said: " In the light of developments in the international situation and in British defence policy since the meetings between Mr Erasmus and ldr. Seluwn Lloyd (then United Kingdom Minister of Defence) in 1955, the two Ministers

renewed the threat to Africa from external Anglo"S. African aggression and the contributions which their

Defence countries could best make to its defence aganst that threat.

" Dng the discussions, reference was made to the arrangements agreed in 1955 for the grant of facilities to the Union Government to survey sites for the establishment of radar stations in the Bechuanaland Protectorate and Swaziland, for possible use iXl defence in the event of war. It was alSQ

then agreed that the surarey might be extended to Basutoland if suitable sites could not be found outside its borders. On behalf of the United Kingdom Government, Lord Mancroft accepted in pnnciple a proposal by the Union Gevernment for the grant of certain over-flpg rights in the High Commis- sion temtones: he also undertook to give careful consideration to further proposals made for the defence of South Afnca, while making it clear that responsibility for the security of the territories themselves rested exclusively with the United Kingdom Gourernment.

" The Ministers also considered the means by wbich the Union of South Afrlca and the United Kingdom could xnost suitably further and desrelop the proposals for mutual coKperation set out in the agreentlent concltlded s June 1955 on the need forinternational discussions with regard to regional defence. In particular, they reached the following conclusions *

(a) They should actively promote the implementation of the agreement for the defence of the sea routes roltnd southen} Africa, th par- tscular references to its extension to other countries with interests lying mathin the strategic zone, with the purpose of arranging a conference of Ministers of all countnes conceined, at the appropnate time.

(b) There should be joint consideration at an early date of the best means Of furthering the plans for ensunng the adequacy and secunty of

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6 AFRICAN AFFAIRS

logistic facilities and communications within southern Afnca, and of bringing about a conference to integrate, forward and develop the planning already begun at the Nairobi and Dakar conferences, as contemplated in the memorandum. In the meantime the Union alld the United Kingdom would dearelop co-operation on a bilateral basis in respect of the territones for which they are responsible.'

There has been some criticism of the British Government from the Opposi- tion and from some sections in Basutoland and Swaziland for appearing to meet the UnioIl's requests. The Government has given an assurance that it will remain " solely responsible " for the defence of the High Commission Terntories.

A s agreed by the Nigeria ConstitutlorXal Conference held in London in 1E 1957, the Secretary of State for the Colonies, Mr. Lennox-Boyd, has appointed a Fiscal Commission to carry out a Enancial review in Nigeria. The chainnan of the Comnnission is Sir Jeremy Raisman, who is deputy- chan of Lloyds Bank Limited and was chairman, in 1952, of the Fiscal Commission of the Federation of Rhodesia and Nyasaland. The second mem-

ber is Professor R. C. Tress, Professor of Politicil Nigeria Economy in the University of Bristol. The

Commissions Commission will be assisted by a Special Adviser, Mr. P. J. Gallagher, of the United Kingdom

Customs and Excise Department, who will undertake a study of sales tax problems. The members of the Commission arrived in Nigeria towards the end of October for a three weeks' preliminary visit, and will return there about the middle of March 1958 to continue and complete their work and prepare a report.

The Commission will be concerned principally with making recommenda- tions on the division between the Federal and llegional Governments of the power to levy taxation and on the allocation between them of revenue so derived. It will give special consideration to the fiscal arrallgemeats most appropriate for the Southern Cameroons (in vhich there have been con- stitutional advances as a result of the 1957 conference), alld 11 advise on additional financial assistance which the Southern Cameroons may require to provide for a reasonable degree of econoIlwic expansion. The Commission will also consider and make recommendations on the adequacy of present arrangements for the co-ordination of lom policies, governmental borrowing and capital issuess having regard to the Federal Govesnment's decision, in 1956, to set up a Nigerian Central Bank d introduce a Nigerian curreIlcy at as} early date.

I,ord Merthyr accepted the ixlvitation of the Governor-General of the Bederation of Nigeria to become chairman of the Commission on the Delimitation of Boundaries of Electoral Constituencies. He was chan 0f the Bederation of Malaya Constituency Delineation Commission in 1954, and has had extensive experience of local goverIlmexlt boundaxy work in ihe Unsted Kingdona. The other members of the Commission are Mr. T.

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7 QUARTERLY CHRONICLE

Farley Sth, formerly Acltninistrative Secretaly, Nigeria, and Mr. J. F. A. Leds, Principal Surveyor in the Federal Survey Department.

The delegations to the Constitutional Conference in Lo:ndon agreed that the present liederal House of Representatives should run its full course up to the beginning of 1960, but they recommended that thereafter the House should consist of 320 representative members) elected on the basis of one member for approximately each 100,000 of the present population of Nigena. The task before the Constituency Delimitation Commission is to recommend the division of the Federation into 320 electoral distncts of approximately equal population. The Commission will not be reqliired to adhere strictly to equality of numbers. It is to take into account physical features, transport facilities, existing local government or Native Authority areas, and natural community of interests The Commission is also to ensure that no administrative dinsion which is at present separately represented will lose such representation, and that no electoral district is partly in one Rson and partly in another. As agreed at the London conference, the Commission will submit its recommen- dations to the Governor-General, who, acting in his discretion, will amend them as he deems necessary before they are embodied in a proclamation deter- mining the electoral distncts for the ensuing election.

Sir Henry Willink, a former Minister of Health in the United Kingdom and Master of Magdalene College, Cambridge, since 1948} has been appoirlted chairmaD of the Commission on Minonties. Other members are Sir Gordon Hadow, who has spent many years in Africa and was Deputy Goveinor of the Gold Coast from 1954 until the terntory, under the name of Ghana, became independent in March 1957; Mr. Philip Mason} Director of Studies in Race Relations at the Royal Institute of International Affairs; and Mr. J. B. Shearer, Mallager for Greece of the Ionian Bank Limited and founerly Acting Finance Secretary to the Government of Pakistan.

The Commission's terms of reference are: to ascertain the facts about the fears of minorities in any part of Nigeria, and to propose means of allaying those fears whether well or ill-founded; to advise what safeguards should be included for this purpose in the constitution of Nigena; and if, but only if, no other solution seems to meet the case, then as a last resort to make detailed recommendations for the creation of one or more new States. If the creation of a new State, or States, is recommended, the Commission will specify the precise area to be inchlded, will suggest the govemmental and administrative structure most ap?ropriate, and will assess whether any such

State would be viable from economic and administrative point of new

and what would be the effect of its creation on the Region or Regions from which it would be created and on the Federation.

THE TIouse of Commons has rejected by a majority of 56 the Opposition 1 motion calling on Parliament not to support the Federal Goveinment's

Constitution Amendment Bill. The Bill was referred to London by the African Affairs Board on the ground that it would differentiate against the African population.

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8 AFRICAN AFFAIRS

A memorandum setting out the Federal Government's attitude to the Bill and the African Affairs Board's objections

U.K. Supports says the principal objects of the Bill may be briefly Federal Bill summarised as follows:

(a) to increase the number of members of the Federal Assembly from 35 to 59 by adding 24 new members, of whom six must be Africans;

(b) to enable the Federal Assembly to pass an Electoral Act for the election of 53 of the 59 members; and

(c) to provide for the replacement by ordinaxy elected members (whose race is not specified) of the members whose race is speci?ied as and when Africans are elected among the ordinaIy elected members.

The reasons for wishing to increase the size of the Federal Assembly were not criticised by the Afncan Affairs Board, nor the proportions as between Territories by which the increase is to be effected. The proportions as be- tween members of unspecified race and representatives of African interests were criticised by the African Affairs Board, in a report which was not unanimous, the contention being that in the enlarged House the influence of the special representatives will be diminished. This contention is not accepted by the Federal Government, the statement says. The overall increased proposed for the Federal Assembly is two-thirds to the nearest fraction. This ratio has been applied to the members of unspecified race (increasing them from 26 to 44) and to the joint groups of African and European members representing African interests (increasing the group from 9 to 15) . The increase in this latter group is to be effected in such a way that the numbers of European representatives of Africall interests remain unchanged (at one per Territory) whilst the African members will be doubled (from two per Territory to four per Territoxy). In the estimation of the Federal Government this is an equitable arrangement which gives an advan- tage to the African by increasing his special representation by members of his own race in higher proportion than the members of unspecified race. The basis of the African Affairs Board's contrary contention is that nine members in a House of 35 exert a stronger influence than 15 members in a House of 59. The Board suggests that the true allswer lies somewhere between a straight proportionate increase as provided in the Bill and the maintenance of the present numerical difference between the two groups. The Board is unable to indicate precisely at what point equity resides. The Federal Government says it cannot accept the proposition that a straight propor- tionate increase is disadvantageous to the minority group, and goes on to asl enlargement of this view.

The second objection of the African Affairs Board to the Bill relates to the creation of the new category of Afncan members, the manner of whose elec- tion will be determined by the Federal electoral law. Of the 35 members of the Federal Legislature the 26 members of unspecified race are at present elected, in the case of the members from Southern and Northern Rhodesia, accordmg to regulations based on the Temtonal franchise law in operation

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9 QUARTERLY CHRONJCLE

at t}le te of Federation and, in the case of members from Nyasaland, accord- ing to regulations framed by the Governor-General with the concuwence of the Governor of Nyasaland.

The practical effect of present constitutional electoral arrangements has been that all 17 members in Sou$hern Rhodesia have been elected by a common voters} roll on which Europeans predominate; that members of unspecified race in Northern Rhodesia and Nyasaland have been elected by common voters' rolls which mclude very few Africans, because the nationalit:y qualification specifies that voters must be Butish subjects; axld that Afric members in Northern Rhodesia and Nymsaland have been elected on an electoral college system by exclusively African bodies. In devising a sound and equitable franchise system for the Federation it has been the pry concern of the Federal Government to extend the common roll pciple which> it believes, holds out the only real prospect of a complete alld genuine multi-racial partnership, and the hope that the political energies and aspirations of all races will be directed into party political channels rather than into racial cleavages. It reccEnised that any attempt at the present time to remove the element of special representation was bound to be construed as a breach of faith, and its proposals accordingly give full proportionate weight to that special representation in the enlarged House. At the same te, however, it is proposed to extend the common roll principle by allowing Europeans to participate with AfIicans in the election of the additional African members in Northern Rhodesia and Nyasaland; and by providing for the gradual elimination of race representatives as and when Airlcans are returned to the Federal Assembly as ordinaxy elected members. The Constitution differentiates in favour of Afncalls by allotting a certam number of seats to Africans aIld providing for their election. The changes proposed in the Bill take nothing away, the statement says.

In consideIing qualifications for the franchise, it should be recognised that there is no body of responsible political thought in the Federatiorl which believes in anything other than a qualitative franchise at the present time. It is important, in the Federal GovernmentJs view, to regard qualifi- cation devices as purely temporazy expedients to bridge the gulf between widely disparate standards of evolution, and as a means of giving a strictly limited influence to the numencaIly large but politically immature section of the population. The provision for special race representatives in the legislatere is in itself a device for giving a measure of political influence to the otherwise anenfranchised. The African Members of Parliament are a continuing political factor throughout the life of Parliament and a factor which political parties cannot afford to ignore. In regard to the special voters proposed in the Franchise Bill} the pnmaly objective has been to select qualifications which would adrnit a reasonable number of Africans to the roll rather than to determine particular standards of responsibility. However} it is considered important not to lower even the special qualifica- tion below a level at which it represents some reasonable degree of respon- sibility and political understanding. The Federal Government contents that,

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10 AFRICAN APFAIRS

if the constitutional changes proposed in the Bill are read with the Federal Government's frsnchise proposals, so far from being disadvantageous to Africaxls they are advaxltageous to them, particularly because: (i) African members of the Federal Assembly are increased in a greater ratio than other members; (ii) many more Africans will be eligible to participate in the election of the African members and the special European member for Southem Rhodesia than do so under the present arrangements; and (iii) for the first time in the history of any of the Territories or of the Federation, Africans who are British Protected Persons will be able to qualify for the ordinary franchise and thus be in a position to influence the election to the Federal Assembly of the members of unspecified race.

The Electoral Bill is also being ob,ected to by the African Affairs Board. The Bill sets out the method by which 53 members (and, it is assumed, eventually all 59) will be returned to the House of Assembly. These 53 elected members would consist of 44 members dinded between the three territories in the following manner: Southern Rhodesia) 24; Northern Rhodesia, 14s d Nyasaland, 6. And the balance of nine would consist of two elected Africall members representing each of the two Northem Territories (4), four elected African members, and one specially elected European member for Southern Rhodesia. In addition to this total of 53 elected members there would be six members whose election is not at present covered by the Bill. They would COllSiSt of two speciaXy appointed European members and four specially elected Africall members. It is pro- posed to have two voters' rolls open to persons of all races, but registration on one of them would automatically exclude a voter from simultaneous enrolment on the other. The registers would be known as the general roll and the special roll. General roll voters would take part in the election of both groups of members of the House of Assembly, but special roll voters would take part only in the election of African elected members and, in the case of Southern Rhodesia, the election of the specially elected European member.

In Northern Rhodesia and Nyasaland each general voter would have two votes one for returning the elected member (race not specified), the other for returning the elected African member. The voter on the special rolls of these territones would have a single vote for returning the elected Afncan member. To qualify for a sote on either roll the following general require- ments would have to be met: a person would have to be 21 or overw be a citizen of Rhodesia and Nyasaland or a British protected person by wirtue of connection with the two Northern Territories; would have to be resident two years in the Federation and at least three months in the con- stituency in which the application to vote is made. In addition the prospec- tive voter would have to make a declaration of allegiance to the Crown, be able to speak, read, write and understand English.

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