Central African Federation

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Authors Pai, Mohini Chaddah, 1934-

Publisher The University of Arizona.

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Link to Item http://hdl.handle.net/10150/318873 CENTRAL AFRICAN FEDERATION

by ; y:

Mohini Chaddah Pal

A Thesis Submitted to the Faculty of the

DEPARTMENT OF GOVERNMENT

In Partial Fulfillment;of the Requirements

- For the Degree of

MASTER OF ARTS

In the Graduate College

.UNIVERSITY OF ARIZONA STATEMENT BY AUTHOR

This thesis has been submitted in partial fulfillment of require­ ments for an advanced degree at the University of Arizona and is deposited in the University Library to be made available to borrowers under the rules of the Library.

Brief quotations from this thesis are allowable without special permission, provided that accurate acknowledgment of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the Dean of the Graduate College when in their judgment the proposed use of the material is in the interests of scholar­ ship. In all other instances, however, permission must be obtained from the author.

SIGNED: / 'V 7- 9 /

APPROVAL BY THESIS DIRECTOR

This thesis has been approved on the date shown below:

R. A. Gomez Associate Professor of Government ' ACKNOWLEDGMENTS

This thesis would not. have been possible but for the

patience t careful direction'/ and erudition of Dr „ Rv A« Gomez,

Department of Government at the University of Arizona, and of

Dr. Peter Duignan, Curat or. of Africa Collection at the Hoover

Institute. For these and long-hours they expended, reading the draft, I offer them my most grateful thanks. TABLE OF CONTENTS

INTRODUCTION „ o o o ,p o o o -o 0 ,0 o o o o - d ,.o o o © o o o o- o o o o 6 o o 6 o d d o o o o

CHAPTER I . . . .

THE SOCIAL AND ECONOMIC CONTEXT ' 6

. EC o o o o e d o « o o o o • o o o o o o o o q o o o. o ;e o e o o p 6 e 6 o • e o o 8

- NATIVE POI,IOIES AND SOOiAL IMPLICATIONS. . . „...... 8

EUROPEAN ATTITUDES ...... i ...... " ' 13

AFRICAN ATTITUDES . . . *■...... p...... a...... 1.0.

CHAPTER II ; ■ th e •Road to fed er a tio n „...... ,...... *..... 18

I N THE STRUGGLE FOR AMALGAMATION ...... 18

Qrmsby-Gore Commission„...... 21 ■ , ‘ Hilton Young Commission...... 22 Meeting at VictOrialFalls A January 1936 . . . 25 '' ; The Bledisloe Commission ...... ' 1 26 Concept of Partnership =...... ».«...... 29 y The Central African Council-1945...... „.... 31

II. THE STRUGGLE FOR FEDERATION . . . . .«.. i. .w .... 35

Victoria Falls Conference of. May 1951 .... . 36 The Lancaster House Conference, April 23, 1952 . 43 The Draft Federal Scheme...... 50 TABLE OF CONTENTS (continued)

Page

I I . THE STRUGGLE'FOR FEDERATION.(continued)

- The Carlton House Terrace Conference, . ! January-February, 1953 Y,. = J <,Y«'o.»««» : 52

■ •• CHAPTER III

THE CONSTITUTIONAL ORGANIZATION OF THE FEDERATION> / 62

THE SECUTIVE, :. vo. oV . o o o...... » 62

THE FEDERAL LEGISLATURE...... 65 Structure...... ■ ©...... 65 Sessions of the Assembly ...... »...... 70 THE DIVISION OF POWERS ...... 70 Eff ect of Federal and Territorial Laws on One Another 78

JUDI CIAR Y . 0 0 0 0 0 . 0 . . . . O . . ■ O' O 0 . O O O O O O O O O O . .' . O . . . . O . ' 0 ' ■ -79' Structure.. •...... ,.. .,.■. *...... ,«. 79

- JUfl S dlCtl On . . . 0 . 0 . . O O...... @ . O .' O'. O O 6 . -O O'. . .. O O O O - 8 0

Afr ic a n Affairs board ...... ,...... 84

PROVISION FOR AMENDIvrENT ;...... -85

GENERAL OBSERVATIONS...... '...... 86

■ ' CHAPTER IV

’EDERATION IN ACTION...... ; . „. o...... V 94

DIVISION OF POWERS ...... ■. .r«...... ». ■ 96

AFRICAN AFFAIRS BOARD ...... i . . .•...... ;.. 100 '. ■ TABLE OP CONTENTS (continued) / * " ■ .

• Page AFRICAN AFFAIRS BOARD (continued) ' '

v ; . The Board’s Ineffectiveness .. ... „ „. =.«...... 101 The Cohstitutioh Amendment Bill: 1957..-.. „. „.... ' 104 ■ ^ The E lectoral Bill: 1958 ..... „.... 104 Arguments For and Against the Bills ...... 108

THE FEDERAL CIVIL SERVICE ...... A...... 119

GENERAL OBSERVATIONS ...... 127

• CHAPTER V

POLITICAL PARTIES AND ORGANIZATIONS ...... " 130

AFRICAN POLITICAL ORGANIZATIONS ...... ■ 136

. ' Northern Rhodesian African Congress ...... 139 . United National Independence Party ...... 142 The Nyasaland African Cong re's s . „ .,...... "... 142 Malawi C ongress. , > ....:...... 1 ...... , „ 143 Southern Rhodesian African Congress ...... 147 National Democratic Party ...... 149 General pbservatiO ns. 150

EUROPEAN. POLITICAL ORGANIZATIONS ...... 151

United Federal Party...... ,...... ' 151 Dominion Party...... «...... 153 Central Africa Party .... „.... „...... „...... 156 Commonwealth Party ...... „'F. „. .., V... • 157 General Observations ...... 158 M L E OF CONfEMTS' (continued)

^ ^ /: ^.';;; p^ e CHAPTER VI • ■ ■ •

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Table 2 Constitmtion of the Federal Assembly

. "" . m 19 5 3 vadd' 10 5 S ..b o-o o v »•• © © © .a o © © © © © * ,© © © © ©. 68

Table 3 f Territorial Electoral Rolls: 1957 © ©, © ©. © ' 107

Table 4 ' Estimates of Potential Voters in 1958 Under the New Electoral Proposals „»„ . • 107

viii INTRODUCTION

The federgl form of government and its institutions have certain unique characteristics which make it possible for diverse communities or- territories to unite to govern themselves While retaining independence in certain respects „ The federal principle is the process of dividing powers between a central authority and its territorial components so that the general and the regional governments are each, within a/sphere, coordi- ■ nhte and independent 0 , Every citizen has a definite relationship to the federal as well as to the territorial institutions, and.he must learn to live with a dual loyalty „ Furthermore, a federal system must be democratic =

For if it were not desired that people should govern themselves through authorities that are independent and coordinate, within a sphere, there, would be no need for a federal government since autocracy would not be inhibited by size and diversity „ : . •

A federal government is appropriate only when the coinmunities, and their leaders, of the states concerned desire to be under a. single

^K. C. Wheare, Federal.Government (London: Oxford University Press, 1946), p. 11. . ' ‘ • ' ' ' ' ^ independent goyernment for some purposes „ For it seems clear that if states should desire to control the general authority, "they have not achieved the first pre-requisite of federal government, " - An alliance, a confederation or a league is appropriate for them,- but not federal , , 4 . ' ‘ • government o ,

. The desire to be under a single independent federal government is not enough howevero They must desire, concomitantly, to retain.or to establish independent regional governments in some matters at least It is also essential that they .must not only desire it; they must be able to operate it . For only such a capacity can help to translate the aspi­ rations and demands of the people into effective policies, on which the life of the system depends«, Another factor of prime importance is that all the governments concerned must possess* Sufficient economic resources to support both an independent general government and independent regional governments

• 2Ibido/ pc 35 o "

/ . a”

^Ibid0, p„ 36,

' 5Ibide ■ ' ,

6Ibid. .

■ ■ 7! b y . ■ 8Ibid'0, p. 53 ' . • . ... : ; An Independent judiciary is of vital necessity in a federal govern­ ment o The function of the courts, and especially the supreme court, extends beyond the mere question of determining disputes about the division Of powers between general and regional governments. Through their interpretation of the whole federal constitution and of the ordinary . law, they invariably exercise an integrating influence which, because it is gradual and imperceptible, is of the greatest importance „ *0

^ These are then the main character!stics which go into the making of a federal government„ However, -minor variations may occur in the spirit of a federaT commhnity and in the details of its government which make for differences between the federal governments of today..

The essential features of the Central African Federatibn are: the divisioh of powers, an independent judiciary, and sufficient resources.

Of more importance, however, are: the process of election which is repre­ sentative in relative terms., the African Affairs Board Which provides for a check on certain federal legislation, the protectorate status of the two

Northern territories linked to Southern Rhodesia, which commands, the status of responsible government, and thereby , freedoin from control by the United

Kingdom, except in native affairs „ Other factors are the peculiar, system of politiGal parties and organizations that run along racial lines, and thh/ •

nature of the transitional problems ^

, the essential yariables of Central African Federation, which need

careful and critical analysis are: the transitional problems and their

resolution, the workings of the African Affairs Board, the electoral system .

and the nature of, local party politics. Through such an analysis we shall

be able to judge the Federation's effectiveness and its future.

The Federation's functioning was hampered, for some time/by th e ■ “

unforeseen problems that arose due to the transfer of various functions

from the territorial to the federal government and from the division of •• • " " *

powers, • . v- .

/ The African Affairs Board was set up to safeguard the interests of the •

indigebcUS people by reserving any discriminatory federal legislation for.

ultimate approval by the British Government, Its effectiveness, therefore,

was important to win the support of the African community. Since the

indigenous people already feel the Board to be ineffective and they haye

lost faith in it, their demands have been for its discontinuance arid for a •

better representation for themselves „ It is essential then that we should

examine the Board's functions, to see why the Africans no longer trust it,

■ An electoral system provides for formally electing representatives ;

who are responsible to the people, The Central African electoral system .

has been the cause of great controversy a,s. it is only partially representative. Consequently, a great majority of the people can vote for the election of

nine repres entafives while the minority of the indigenous, people and an

overwhelming majority of Europeans vote for the nine as well as the rest

. of the forty-four members. As a result the indigenous people who form a

numerical majority have been demanding universal ssuffraqe;, and .

threatening secession from the Federation„

Political parties and political organizations provide for a forum for

registering and integrating the sectional differences and their demands

influence the legislation of a government. . Without parties the; political

interests of the citizens of any 'state are bound to languish ^ Also, when

the demands of a political minority—but a numerical majority—are denied -

by its government, then social and political conflicts occur which may prove

to be dangerous to the future of the whole governmental machinery and the • •

society „ It is for this reason that such a factor must be included in any ■' .

inquiry into a federal system o - . :

The interaction of all these variables takes place within a context

. which influences the nature of various institutions and the solution of social■

and pcilitical problems „ Therefore , a discussion of the social and economib

variables is the subject that will be considered in the first chapter. It is

hojjed that it will establish the framework against which the rest of the

problems must be viewed „ ’ ■ . ' . : CHAPTER I

THE SOCIAL AND ECONOMIC CONTEXT

The Federation consists of the self-governing colony-of Southern ■

Rhodesia and the protectorates of Northern Rhodesia and Nyasaland. The new federal state that came into being in 1953 is almost one-sixth of the size of the Hnited States, It is landlocked and therefore trade is chan­ nelled through the ports Of Mozambique and South Africa,

. On the south the Federation is bordered by the Union of South Africa and on the west by Bechuanaland,Protectorate.and Angola, In the north it is flanked by Beligian Congo and Tanganyika „ Mozambique , a-Portugues territory, bounds it on the, east. Both the Rhodesias are mostly at an alti­ tude of 3,000 to 5,000 feet, Nyas aland is composed mainly of plateau and highlands ahdtangOs from 2,500 to 7,500 feet above the sea level.

The Federation is sparsely populated, being inhabited by approxi- mately 7,000,000 persons who fall in various categories as shown bellow:

* Eugene P, Dvorin, "The Central, African Federation: A Political Analysis" (unpublished Ph.D, dissertation. University of .California, Los Angeles, 1955), p, 14, - TABLE 1

THE p e o p l e :

■ . RACE ■ . TERRITORY __ '______;______■ TOTAL , European African Colored Asiatic S. Rhodesia 159,000 2f150,000 6,700 4,700 2,320,400

No Rhodesia 56,000 2,010,000 1,300 . 3,500 • 2,070,800

Nyas aland 5>200 2,470,000 2,000 6,000 2,483,200

Federation 220,200 630,000 10,000 14,200 ‘ 6,874,400

Nyasaland has a density of about 63 persons per square mile; Southern

Rhodesia has a density of 14 per square mile; while Northern Rhodesia has

a density of about 6.5 per square mile = ^ It is estimated that the African

population Will double in twenty-five years if the present rate of-growth •

, contihues o The European population has. rapidly increased,: especially in

Northern Rhodesia. • "

15. ' , ......

William A. Hance, "Economic Potentialities of the Central African Federation," Political Science Quarterly, 69 (March, 1954), p. 31. ■ 8

ECONOMY ■ . ' ;

. The economy of the Federation has been the most rapidly expanding

one in tropical Africa since ,1953 So fast has been the pade of growth

that the Federation was recently likened to "a train careering along the

rails at ever increasing speed , with additional wagons being added every

mile and hew lengths of track being laid just in time for the train to pass:

oyer them. " Apart from the abundance of minerals one important factor is

that the economies of the three territories are complementary; therefore,

their continued integration is crucial to the future economic: and social

- ■■ - ■ . r . . - c • . ' - ' .development of the whole area. ;

Mining is the main feature of the Federation's economy,. The Copper

Belt of Northern Rhodesia is one of the world1 s chief sources of copper,

surpassed only by the United States and Chile . Northern Rhodesia also

produces considerable amounts- of lead, hinc ahd eohalt whilefasbestos, ; ■

chrome, gold, and coal are Southern Rhodesia's chief mineral products.

William Ao Hance, African Economic Development (New York: Harper Brothers, 1958), p. 135„

5Ibid. ■ • ,

_ - Thomas R. Adam, Government and Politics in Africa South of Sahara (New York: Random H ouse, ■1959), Po 30i The mining industries in both the Rhodesias also produce uranium, beryllium and iron ore „ All three territories producie maize which is the staple food for the indigenous population. Ny as aland produces tea and cotton „ Since Nyas aland is a smdll protectorate with relatively few industrial enterprises £ it is unable to provide employment for most of its indigenous inhabitants „. Therefore / most of the Africans have to migrate to the neighboring, states in searph of livelihood „

The two main economic needs of the Federation have centered around the development of a more diversified well-integrated economy and the. necessity for more investment capitalv Quite a large part of consumer and capital goods are imported from the Union of South Africa,

United Kingdom and the United States« At the present stage the exchange economy is overwhelmingly dependent, on the export sector which has not significantly affected the. level of material well being of the Africans

/ NATIVE POLICIES AMD SOCIAL IMPLICATIONS

. Native policies have a very, important bearing upon the controversy centering around Federation e A knowledge of the varied methods of

o W0 Woodruff and G« W„ Thompson, Economic Development in Rhodesia and' Nyas aland (London: Dennis Hobson, 1955) , p 0 27« administration of native affairs in the three territories is essential,

Southern Rhodesia, driginally: followed a policy of segregation and

separate.developmento However, the native areas were not left alone to

fend for themselves; instead, a considerable part of governmental revenue

was spent for preserving their, natural resources and bettering the material

well-being of the indigenous. people«, This governmental interest in the r

welfare of the Africans did not mean the free development of African

political institutions because the admlnistratien of native affairs was

carried out through the system of direct rule „ Such a system provided for

• implementation of policies, which were initiated from above without the .

participation of local elements „ As a result tribal organization was sub- .

jected to this administration and African political development was not

concomitant with his material well-being „ The erroneous belief, upon which .

Southern Rhodesian policy was based was that only when the African ;

equalled the European in material well-being, health and education, would

he be fit to play a full part in the politics and the administration of the

whole country „ Thus the Lapd Apportionment Act (1930) divided the whole

country into black and white areas and neither could purchase land in each

other' s reserves except on certain conditions«

In Southern Rhodesia, the Industrial Conciliation Act (1934)

approved the establishment of white trade unions only „ There were African trade unions but no dejure recognition was granted to them» Specif~ / ically, the Act provided, for the establishment of any employees1 organi­ zations; "employee" means .any person employed by or working for an

•employer, and receiving, or being entitled to receive any remuneration, except a native „8 By excluding the indigenous persons from the defi- ' nition of employee the African unions had no legal status <, Consequently , the disputes arising between Africans and the employers were never settled by face-to-face,.discussions, by the;representatives of the two. parties; instead, they had to be settled by a Native Labor Board.

Furthermore, any agreements reached between the white trade unions and the employer usually apply to Africans because these agreements although hot mentioning native wages / u^hally laid down rates of pay for. 1 unskilled work which were invariably performed by Africans „ '

. Both Northern Rhodesia and Ny as aland followed policies of indirect rule to protect the tribal organization and the African from European com- ' petition. . That is why the British government always maintained that: • ■

■. , ■ It is the policy of the Government of both Northern: > 1 , . Rhodesia and Nyasaland to lead the African along the path to full partnership, encouraging him to re- ' tain all that is laudable in his own culture, while

^Great Britain, Colonial Office0 Central African Territories: Com- parative Survey of Native Policy (London: His Majesty's Stationery Office 1951), Cmdo 8235, p. 82. at the same time adapting his outlook and way of . life to enable him eventually to play, to the limit .. .. of capabilities, a full part in the progress of the territory and to enjoy a commensurate reward .Neithero ..have a policy of racial separation.

As a result the policy of indirect rule found its implementation in a wide

-network of Native- Authorities and Native Councils who took Care of the

local governmental affairs»

Since the federation, all the.three territories are committed to a

policy of partnership between the races as the guiding principle which

• prohibits the use of color as the test of a man1 s ability „ This principle

conflicts with the Southern Rhodesian policy which is firmly rooted in the

belief that political ability is dependent Upon, economic, social and cul­

tural advance „ This is evident from the fact that Africans are represented

on the Legislative Councils of the Northern territories while no Africans

are to be found in the Stiuthern Rhodesian Parliament„ Therefore, the .

fundamental difference in approach remains though the three territories

• ’ 10 have more nearly approached each other in recent years „

Africans of the two Northern territories, who objected to any form of

closer association with Southern Rhodesia stressed, and were largely 13 influenced by, the relative lag in the development of Africans1 political responsibility in Southern Rhodesia, though they overlooked the fact that public expenditure for the social and economic development Of the Africans in Southern Rhodesia exceeded that of Northern Rhodesia and Nyasaland 11 . ■ ■. ■ ' . .. : : combined o • • '' •• ...... v

A social color ber exists in all the three territories although (except in Southern Rhodesia) there is no statutory authority for it . In the two ■ ’

Rhodesias color bar is employed in s ome industries. In Nyas aland no employment color bar exists in faqt or theory though the African is limited by the paucity of skilled jobs and his own present lack of skill;.

In any description of the background to the struggle for federation a brief sketch of European and African attitudes and opinions is essehtial at this point. :. .■ ' - .

EUROPEAN ATTITUDES

The movement for amalgamations and, later, federation, driginated from a segment of European'aspirations and desires „ These settlers and missionaries were the people who carried the tenets of Western

' •11Ib id . , p. 24

12Ib id „, pp0 20—21 ' . v . Civilization to the continent of Africa If Africa is now being harnessed : , to the great wheel of-global politics and is now emerging as an important area of production for the Western world it is largely due to the contri­ bution of people who went to Africa to live and bear their children and ■ 13 - . eventually die on the African, soibo

They were also the. people who were the unquestioned rulers and exercised political power almost exclusively and thus became the crux of the problem» The effective distribution of political power, in the Federa­ tion, of decision-making and administration concerns the white settlers / the indigenous people and the people'of Great Britain 0

More and more the whites of Central Africa have come to regard local opinion in Britain as out of touch with the conditions of European 14 survival in Africa's harsh environment, The views of the settlefs indi­ cate that they want to rule or share in rule With those Africans who have reached certain standards of civilization „ It has •als o been felt that the distribution pattern of political power between white and black must safe­ guard-the interests of her white progeny overseas and, through treaty

p„ Dvorin, op.'cit», p. 21. .arrangements between ■ Her Majesty's Government ■ and African Ghiefs 15

also serve as tiie protecting power1 over African interests e The Europeans

in Africa fear that Great Britain may yield to pressures of African nation­

alism to the detriment' of European interests»’ That is why the Colonial

Office is regarded, by the white.settlers, as attempting to undermine the

position of the Europeans „ The racial -equalitarians in Britain are '

regarded as being oblivious to the Tact-.that the African natives are not

the intellectual equals of Europeans „

The Colonial Office is viewed as an agency of Vacillation in matters

of native affairs and it is believed that African demands must be dealt with

from a position of strength and not from a position of weakness. Con­

sequently, the Central African Europeans are constantly on guard and

. maintain vigilance. against misinformed persons in the United Kingdom who

want to duplicate the Gold Coast experiment in Central Africa d " .

To the most influential and pdweriuT group of Central African

Europeans, gloser association between the three territories was the firstT

step toward devolution of power from Whitehall o By combining their

material resources as well as their political voices the three territories

together were envisaged as capable, of exerting a greatly increased

15Ib id 0, p„ 24 leverage.upon Great Britain.

Some Southern Rhodesian settlers’, however, felt that their self-

governirig colony should proceed" immediately toward Dominion status

in the Commonwealth instead of federating with'territories of protec­

torate status which they perceived to be inferior „ Others felt that

association between Southern Rhodesia and the Union of South Africa

would be, comparatively, more beneficial0

. • AFRICAN ATTITUDES • .

In general, the Africans consistently opposed any form of closer

association between the three territories „ "Whereas Southern Rhodesian

Europeans feared that ass ociatibn with the two Northern territories where the white minority was too small would underniine their strength, the

Northern Rhodesian Africans feared that uniting with a territory over which the Colonial Office had no effective control would Only undermine their

paramount interests <> From the African viewpoint Southern Rhodesia was a

self-governing territory where Africans had almost no rights while in the protectorates their interests were paramount ^ So, they feared that any change like closer ass gelation with Southern Rhodesia would remove them

16Ibid«, p 0 26 • from the direct control of the Colonial Office and consequently undermine

their interests „ : ‘

It was only in the later stages of the federation controversy that a ;

group of Africans began advocating eventual dissolution of the ties with

Great Britain and abolition of protectorate status of Northern Rhodesia „

Elsewhere, the rise of Dr. Kwame Nkumah in the Gold Coasty before ;

its independence, provided a strong impetus in the two Northern ter­

ritories for African nationalism and opposition to any form of association.

By the time the proposals for the federation were,formally suggested

.African leadership clamored for a.new type of federation which would

embrace Northern Rhodesia, Nyasaland, Tanganyika and Uganda under . ■ • 17 •the exclusive control of the indigenous, people. . - V ;

J-^Don Tavlor, Rainbow on the Zambezi (London: Museum Press, 1953), p. 144„ ' : . CHAPTER II

• THE ROAD TO FEDERATION

In its inception, and conception the federation idea has been a strictly white contribution to Central African political thought „ If started with the idea of amalgamation in 1915 and ended up with federation in 1953 0 In this chapter we shall examine the transition from the movement for amalgamation between Northern and Southern Rhodesia to federation between, Nyasaland and the two Rhodesias „ • ■ • ' '

I. THE STRUGGLE FOR AMALGAMATION .

Prior to World War I, in 1913, the British South Africa Company put forth the proposal for amalgamation between Northern and Southern Rhodesia,'

At that time, Nyasaland was out of such proposals. The Company was mostly motivated by economic interests such as the gains that would come" from.decking all the Northern Rhodesia and Southern Rhodesia under one •' . administration„ The White settlers of Northern Rhodesia felt that the uni­ fication would give them an opportunity to participate in the Legislative ‘ '• -

Council of Southern Rhodesia and thereby they would have a voice in the internal policy of their territory instead of being directed by the Colonial f .'

Office, Another argument in favor of amalgamation was that the centralization : :::: ' ' ■ ' • . . . . 19. of administration would increase the efficiency of the Civil Service and the

immigrants would be dealt with the same laws with no territorial bounds to

limit.commerce gr labor recruitment„ As a result of the Company's effort

the Southern Rhodesiari Legislative Council was faced with drafts of a

plan for joint administration end also for an Order-in-Council to give effect

. to the amalgamation prdpos9.1s in 1916. The draft Order-in-Council pro­

vided for administration by the Company to be assisted by the resident . .

commissioner- ahd three members appointed by it. Provision was also made

for a Legislative Council with members nopiinated by the Company and

elected members as well, in the proportion of 7:15„ Cut of the fifteen

elected members twelve would represent Southern Rhodesia and three

Northern Rhodesia. It was stipulated that the Roman-Dutch system of

.law was to be adopted throughout the whole country and appeals from the

High Court were to be made to the Supreme Court of Southern Rhodesia „ ^

• ■ Defense services were to be amalgamated under the direct control

of the High Commissibner while the Civil Services were to be-lncorpgrated

• into One administratibn with its seat at Salisbury in Southern Rhodesia.

Provision was also made for an agreement between the Secretary of State

v:; •; .‘Great Britain, Rhodesla-Nyasaland Royal Commission Report •: Omdo 5949 (London: Her Majesty's Stationery Officef 1939) f p. 108. V . . 2 .... ■ ' " ■ ^ ■' tv. ' . ' ' . ' ■ V • •' ."-A', ; . ^ I b i d , r ; Vv.r for Colonies of Great Britain and- the South African Company to the effect

that any excess ,bf administrative expenditure within Northern Rhodesia above the public revenue from that territory, would be defrayed by the ;

Company from the funds received from sources other than the public

revenue.- , . ;

Earl Buxton, British High Commissioner for South Africa, spoke in

Salisbury expressing that his government did not have any objection to

the amalgamation and that the final decision would depend on the Rhodesians,

themselves. But the Company1 s proposals failed to acquire enough favor

in the.Legislative Council of Southern Rhodesia, for quite a few members

could not see any advantages in amalgamating the highly developed

Southern Rhodesia with-undeveloped Northern Rhodesia. They were appre-

hensiye of the burden on their resources that would result from amalgama1-

tion. Opposition to the amalgamation also came from pnother group which

was agitating for s elf-'government for Southern Rhodesia. This group felt thpt.association with Northern Rhpdesia would slow down their chances

for independence. Besides, quite a strong group of Afrikaner-speaking

people who wanted Southern Rhodesia to become the fifth province of the

Union of South Africa vehemently opposed this plan. •

■ After the World War, in 1919,. amalgamation still had wide support

but it was . temporarily abandoned due to the movement for s elf-govef ntiieht

.in Southern Rhodesia o In 1923 Southern Rhpdesia attained the status of responsible gwemment, while Great Britain reserved the right to overrule ':

any new legislation deemed as discriminatory to the indigenous people.

Since the movement for amalgamation continued to receive further

. impetus f Great Britain appoiritedthe .Ormsby“Gore Commission in ,1925 to

study the matter fully, , ■ • - ■ ..

Ormsby“Gore Commission^ ' ' ■ . .. : ' ■■ ■ ■ In the opinion of this Commission, the European race was the guardian.

of African interests» This status of trusteeship invplved ah ethical con-'

ceptipn, imposing upon the trustee a moral-duty and a moral attitude, namely

that of "fair play for the weaker»1 This concept of tfusteeship was the main

reason for, the future British opposition to amalgamation of Southern and ,

Northern Rhodesia. .: - ■ Y. , v-;': Y

In yiew of bontihped agitation for amalgamatiom in both the' Rhodesias,

further study was deemed necessary in London to determine the status of1

African colonies and native policies <, Therefore, in November 1927 the

Hilton Ypung Commission was, appointedYto make recommendation as to

whether federation or another form of union would increase cooperation

among the governments of East and Central Africa „ ; v. - . ; •

^Great Britain, Report of the East Africa Commission, Gmd. 2387 (London: Her M ajesty's Stationery O ffice, 1925) , 22 Hilton Young Commission^

This Commission felt that due to the state of communications, the '

interests of Nynsaland and Northern Rhodesia, economic and political,

: lay not in association with the East African tefritories but rather with one

another and with the self-governing colony of Southern Rhodesia, It

also felt that:

Nyasaland and Northern Rhodesia/were/^ closely related, each to the other, economically >■ ; geographic:ally and ethnologically, and the link . /was/continuous' to the self governing colony of Southern Rhodesia,^ '' •

However, the Commission did feel that closer union of the two

Protedtdfates with Southern Rhodesia, at that time, was constitutionally ,

impracticable. The reason was that:

the self-governing colony would naturally aspire to be the predominant partner, and the arrangement . • would be likely to produce such friction between • the CQlony and the Colonial Office that the only ; Y.'

Great Britain, Report of. the Commission on Closer Union of the : Dependencies in Eastern and Central Africa, Cmd. 3234 (London: Her Majesty's Stationery Office, 1929), p,' 5.

5Ib id ., p. 2S5

'6Ibid„.; pP 252 ■- • ■ . ■ escape would be the disruption, of the federation or complete amalgamation „ ^ ■ . /

As a result of this report the two Protectorates of Central-Africa:

came to. be regarded aa being closer to Southern Rhodesia than to East

Africa. Mr 6 Young went on to recbmmend that the railroad zone of

Northern Rhodesia shottld be joined to Southern Rhodesia; the northeastern

. section of the territory should be given to Nyasaland; and the Barotseland. '

Should become a part of a greater Rhodesia with the status similar:to the

reserved native areas of Kenya„ Other members of the Commission, how­

ever, disagreed with his opinion, and preferred to maintain the status quo :

while awaiting mineral development in Northern:Rhodesia<, It was felt that

, paramountcy of African interests should be maintained. This was opposed

by the elected members of the Legislative Council of Northern Rhodesia,

While Southern Rhodesia particularly opposed.the-majority proposal that

the Governor General of East Africa should act as the chief adviser to the' ’

Secretary of State for Colonies in London on policy matters affecting both

Nyasaland and Northern Rhode sin, because they felt that, such an admini- .

stration would seriously prejudice any attempts at union between the two

Rhodesias„ - , 1. ' - . As a reaction to this report, the elected members to the Northern

Rhodesian Legislative Council demanded amalgamation in order to free the territory from the Colonial Office control and asked Britain to promote discus sign about the problem $ They did not receive a f avorable res pons e ,. from Great Britain» Also, on July 1931, it was made clear in the

Hohse; of Commons that the British Government was not prepared to agree • to the amalgamation of Northern and Southern Rhodesia due to the unbalanced social and political development of the indigenous people in the'two ter­ ritories,^ Although amalgamation was not practicable then or in the near . • , future , the British Government declared that it did not wish to reject the ■ idea of amalgamation in principle should circumstances justify it at a la.ter date. If was also felt that fdr some time to come Northern Rhodesia should observe the Closest possible coordination with its neighbors, especially that: . V v ; ; - r ; : '

. „ „ in order to prevent misconception,,, „ that the conditions of any scheme of amalgamation, if.andj' when it arises for actual discussion, must take • • definite provision for the welfare and development of the native population „ Bartos eland would .neCes- sarily require separate treatment, and arrangements

9Great Britain, Rhodesia-Nyasaland Royal Commission Report, Cmd, . 5949, opt, p it,, p, 110, may possibly have to be made in regard to other parts of Northern Rhodesia.^ _

Africans were opposed to amalgamation especially with Southern

Rhodesia „ For they feared that amalgamation would lead to. the removal of British control only to invite the domination by Europeans, a majority of whom resided in Southern Rhodesia. ^ In the meanwhile, the

European representatives, undaunted by the African opposition, further supported the movement for amalgamation, The Victoria Falls meeting was their effort to form a united front to .pressure the British Government 0

Meeting at Victoria Falls, January 1936 •

At this conference the elected members of the Northern Rhodesia

Legislative Council and the representatives of the three parties in Southern

Rhodesia decided for an early amalgamation of Sputhern and Northern •- .

Rhodesia with the right of complete self-government consisting of a governor a Legislative Assembly with seven members from Northern Rhodesia and thirty from Southern Rhodesia, a Legislative Council, a public service and a High Court. ^ It was also stipulated that the public debt of Southern

■*"®Ibid6, p. 1 1 1 .' - ■

'^ "C en tral Africa: The Cost of Copper," Spectator (August 30, 1932) „ Also see "The British Trust," New Statesman and-Nation (January 31, 1947).

^G reat Britain, Rhodesia-Nyasaland Royal Commission Repprt, Cnid. 5949, op. cit., p. 112. , _ . . • Rhodesia would be covered, by min.eral-rich Northern Rhodesia „ The

Legislative Oouncll was to consist of partly nominated and partly

elected members, with no more than three among the nominated to be

- " ’ ' .* v , ' ’ - - ' \ , - .. ■ ' ■ . : ■ ; j . representatives of native interests Immediate discussion with the

Imperial Government was contemplated „ Later these proposals were

passed in the form of a resolution in the Legislative Council in Southern

Rhodesia and the matter was 'conveyed to, the British Government „

v . The Imperial Government felt that although five years had .passed ■ •

since its declared policy of native affairs and amalgamation, still the

Cgnditiens were such that they did not justify any change, in its policies

. towards colonies „ Mr, Huggins, the Southern Rhodesian Prime Minister,

however, convinced the British Government of the Urgency of the problem»

Consequently, the Imperial Government appointed the Bledisloe Commission

Wbich issued its report in 1939,

' The Bledisloe Commission: Recommends L ■ v Vv- ■■ Interterritorial Cooperation and Coordination ; : ■

This Commis sidn was appointed inl938 and was specifically/.advised

to enquire and report whether any and) if so, what form of closer cooperation

or aissociatiori between the three Central African territories was desirable „

113. • : : 14"Ideals in Africa," Nature (May 20,' 1939) , 829. The Commission proceeded to Central Africa in order to investigate a

. problem involving a population of 4/300^-000 out of which 68, 000 were: r

Europeans, 8,000 Asiatics: and colored and 4,230,000 indigenous people

. Which meant that the proportion of White to Black was i :Z2 in Southern

Rhpdesia, 1:129 in Northern Rhodesia and 1:881 in Nyasaland, The

Importance of these figures lay in the fact that the Gommissiori had been

instructed to give due regard to the interest of all the Inhabitants, ' ■

irrespective of race, and to the special responsibility of Great Britain to ■ 16 ' ' the indigenous people. • Ay Yy ■ ' Y\Y ' o • ■ : : ;

’ , Y • : The Commission did not favor amalgamation, at any rate in the near

futureo It did recognize, however, that ultimately one united territory

may emerge to aspire for Dominion Status, but not for some time. This

' /was so because, the Commission felt, under any scheme of amalgamation

the government Of. the combined territory would rest mainly in the hands •' Y Y . ' -y y o :Y ' ' - ■■ ' ' ' ■ . 27 of those Whites Who at present directed the policy of Southern Rhodesia.

It was natural, therefore, to envisage a situation where that policy might '

• be extended in greater or less degree over the other two territories, which was contrary to the special trusteeship' responsibility of the United

Kingdom „ .

Another argument against s^^W&rnation was that insufficient attention had been given in its plannihg „ Only its theoretical aspects had been discussed and there was ho evidence of discussion about its practical aspects „ The Commission also found:

Striking unanimity, in the Northern Territories, of the native Opposition to amalgamation, based mainly on dislike of some features of the native . policy of Southern Rhodesia, and the anxiety of ' v’ the natives in Northern Rhodesia and Nyasaland who /regarded^ themselves as enjoying the direct protection of/Tler/ Majesty, wbre the factors ' . : which//Gould/ not „ „ „ 0 be ^"gnore_d/„

The Commission, however, could not ignore the extent of agitation among the White settlers for amalgamation0 It felt that time would come when amalgamation would be recognized as desirable in the best interest of dll concerned, but unless and Until conditions changed, such an association would prove to be a failure 0 .

The Commissions main recommendations' were 'unanimous. It urged the establishment of an interterritorial council to help towards more effective cooperation between the territories» It was felt that the council should examine the existing governmental services of the territories and make

l^Great Britain, Rhodesia-Nyasaland Royal Commission Report, Cmd0 5949, on# c ft„, p 0 217s. , . ain effort to better coordinate, them and to survey the economic needs of the

whole area in order to put forward plans for its future development „

The Commission was. particularly concerned about the lack of inter- ■ territorial cooperation on post and telegraphs, public works f customs and the adoption of Uniform tariffs. It urged that uniform currency^ , a,joint

Court of Appeals> a uniform legal system, and a joint defense should be the main targets towards which attempts should be made o ' " '

It is interesting to note that the CoAmission agreed with the native view that Nyasaland and Northern Rhodesia be amalgamated since the two

Were closely related both ethnologically and economically; Northern Rhodesia was far richer in minerals than Nyasaland—which was' always in debt and lacked mineral resources—and tinion between the two would result in better economic development o - ■ . V • .

The British Government did not regard unification of the Northern ter­ ritories favorably and it agreed to reopen negotiations on amalgamation of the three territories at a future date. World War II stopped the agitation for amalgamation and after the.Wars was over certain interesting changes' ' developed in the-British colonial policy which helped the transition from the idea of amalgamation to federation.

Concept of Partnership - -

Speaking in the House of Commons, in May 1942, Lord Hailey expounded a new conoept of colonial policy . He explained that colonial­ ism wag partnership which was a relationship directly opposed to.sacrificing native areas to white exploitation and domination in political or economic form. When Lord Hailey, a Conservative,, expounded these views, the •

European settlers could expect little sympathy from any political section pf England for amalgamation and freedom from control of the Colonial

Office in Central Africa. The Labor Party of England was even more pro­ nounced in its support of justice for the native Africans and maintained that responsible government should not be given to a colony unless the native was given the franchise on egual terrriS with the White man. Other­ wise, in effect, political power would simply be handed over tp a small

European minority . It was especially opposed to the amalgamation of

Nyasaland and the Rhodes las unless the unification was proven to be desired by a majority of the indigenous people and unless indigenous social and ■ political equality with the European minPrity; was, assured.. It also opposed the color bar vehemently and felt that racial discrimination in fiscal systems - should bp abolished, that restrictions on.the right to own, buy, lease, of sell land on racial grounds should also be abolished and registration of. trade unidns imposing a color bar should be refused'. , \

l^Rita Hinden, Empire and After (London: Essential Books Ltd., 1949), P. 147. : V; ""-v , pT'' ''j' ' ■ : , On its part. Southern Rhodesia was. further stimulated towards amal­

gamation, because, after World War II, the Colony had..acquired a large '

public debt which would be paid off through the revenue from the copper

mines of Sbrthertt Rhodesia were union achieved between the two

territories „ ' ' ,

In 1944, Sir Godfrey Huggins, while visiting London tried to raise '

the question of amalgamation, but the British Government stood on its .

previous decision» While .discussing the problem with the Colonial Office

Mr„ Huggins was advised that positive steps should be taken to secure a ■

greater amount of coordination among the three territories „ As a result,

; the Central African Council was established in 1945 as an advisory body ;

Without any legislative power. .

The Central African Council-1945: A Move . . . Towards InterterrltOrial Cooperation , v , .

Many Europeans in Central Africa supported the formation of this

Council for they firmly believed that it would bring outright amalgamation =•

But this body was only given consultative power and therefore it could do -

little under the circumstances. Its. expenses were borne by all the three .

territories, the largest amount being contributed by Southern Rhodesia.

The Council was able to provide recommendations concerning labor, agri­

culture, health research,, industrial development and economic relations.„

It ifiitiated' surveySlOhd’ Sttidy groups to study the effects on manpower and materials for development planning. •

• : The Council urged a. revised interterritorial agreement regarding the

control of migrant labor. This recommendation was later enacted into

legislation in the three territories, in 1948, The Council also set up the

Joint Statistical Service which was to provide, standardization in the col- ' ’ ’

lection of data. Upon its recommendationfhe Rhodesian Court of Appeals

was extended to include Nyasaland upon that Protectorate1 s withdrawal

from the East African Ctourts of Appeal „

The Council ceased to exist in 1948, Southern Rhodesians continued

to clamor for amalgamation and for this purpose tried to establish various

uhCfficial political organizations .with sweeping platforms, Qne of these

was the United Central Africa Association which demanded amalgamation

of the Rhodesias, full Dominion Status, and the formation of a great British "

Dominion in Africa, It was backed by the Associated Chambers of Industries in Southern Rhodesia,

Native opposition remained as strong as ever and once in the Southern

Rhodesian Legislative Council when Wing Commander Eastwood urged the

government to outline its policy towards the indigenous people in relation 1 to the Atlantic Charter and give them representation, he said:

I do not think,honourable members can object to that, because if it is conceded that 65,000 ■ ;■ • •• . " ' Europeans require thirty individuals to look after . ", ?C '. f J , ■' ''- r/ ■ :/ : J , M

their interests» it can't be unreasonable to • ' ; . • suggest that practically 1 >400, 000 natives shall have, shall we say, twop e o p l e ,20

In replying to this suggestion. Captain Bertin,- Minister of Native '•

: .Affairs maintained that the Atlantic Charter was not applicable to the

natives and that freedom from want and fear had already been realized

for it was the obi ect of the police existitig there to afford safety from .

everything except aticidehts« As far as freedom from want was con­

cerned, Mr„ Bertin's view was, It all: depends oh What people really

desire, but from absolute starvation, I say we do protect them from that,"

and as a proof he indulged into a detailed explanation of the method of

grain distribution during famine„ ^ ::

These governmental views could not be disregarded by the indigenous

people and as a rebuttal. Mr „ Charles Mzlngeli, a leader of the Rhodesian

Labor Party, said:

We want to say here onoe .for all that we Africans'- - and Europeans democrats Who'support us , agree \ . with Commander Eastwood and not with the minister of Native, Affairs „ „ We. thank the Atlantic Charter

^Rita Hinden, "Will Sir Godfrey Huggins Explain?" New Statesman . and Nation (May 13 > 1944), " ■

1 ^ ^Ibid „ 1 34

and the benefits it may bring to the downtrodden . . .. : race of British Africa „ „ „Africans have given their ' support to British Commonwealth in its conflict with Fascism on the understanding that while ' ' destroying Fascism abroad, it will not establish it within their own borders in Africa. „ „ .We declare once for all that when we support British policy, ; . • we mean to support democracy, and not the policy • . of segregation and the. colour bar.^^

The Whites looked with much concerh at some of the reforms the ' '

British Labor Party had,introduced in Northern Rhodesia, one pf these ' . I

being the establishment of the Northern Rhodesian Mine Workers' Union .. vwith a membership of 20,000 indigenous people. This Union was engaged'

in tpugti collective bargaining with the copper mining companies and suc- y • ' .. 24 - ceeded in achieving a 75 per cent wage increase in .1949-51 „

, ; In Nyasaland the Africans were encouraged to grow tobacco, a cash'

crop, but, in Southern Rhodesia they were prohibited frona doing so.

Another highly beneficial innovation was the establishment of the

Agricultural Producers1, Cooperative in Northern Rhodesia. In both the , •

protectorates the indigenous people were being; led towards - handling more

re s pons it)ility and they enj oy ed a more .reas enable treatment than their

23Ibid. •' \ > V'

Premature Federation," New Statesman:and Nation. (June 23, 1951).

^25ibidv;::v''::: : ; v . v ■' ■ -:v ; : •■ - ; ■ ■■ ' ■■' ;■ : ■■■■■■■■• ; 35 counterpart ia Southern.Rhodesia* This was the maiii reason for indigenous opposition to any •clQ.ser association with Southern R hodesia.

II, THE STRUGGLE FOR FEDERATION-

On September 1948, the United Party was returned in Southern

Rhodesia after the election in which it won 16 out of the 30 seats . The three parties contesting were: ,Labor, Liberal, and the United Party. The

United Party was the center party and had been in power since 1934. It stood for private enterprise and:wanted to go slowly in achieving the

Dominion Status o : •

The Liberal Party stood for complete private enterprise, immediate

Dominion Status .to get rid of the British reservation on indigenous policy and complete separation of white and black areas each with its own

Parliament . It was against using native troops.

The Labor Party was partly socialistic since it stood for state oper­ ation of great national industries.

After attaining victory, the United Party's leader, Mr, Huggins, and Roy Welensky, the leader of the unofficial members of the Legislative

Council in Northern Rhodesia, decided to substitute the idea of federation for amalgamation of the three territories 0 Fonthis purpose> a conference to discuss the meaning of federation met at VictoriaiFalls on February 16,

1949 and was attended by eleven Europeans from the three territories = - v 'At the meeting it was unanimously deGided that federation of the Rhodesias and Nyasaiahd be established under a fedbral pattern with such

powers as were surrendered to it, but which would not affect the powers of

the governments of the member states in their internal affairs. The federal

government with a governor-general and a bicameral legislature to protect

African interests was to have responsibility for the defense, foreign affairs,

trade and commerce, Currencynaturalization of aliens t legal systems , all

forms of transportation and communications , immigration and development .

schemes for agriculture, irrigation and the general economy«, All;.existing

land and other rights enj oyed by Africans in Nyasaland and Northern

Rhodesia were to be guaranteed, Africans could be nominated to the upper

house of the federal government. Africans had not been asked to participate'

in-the conference and they regarded this with much suspicion. Mr. Huggins

had anofhef discus sion with the British Government and threatened to go. on to Dominion. Statu§ alone. His efforts were not wasted', for, in November,

1950, Mr. James Griffiths, the Laborite Secretary of.State for colonies .

announced that a conference would be held the next year to consider the

question bf closer association of the three Central African territories. '

Victoria Falls Conference of May 1951 .

The conference at Victoria Falls, proved to be a failure and marked the;

beginning of deterioration of race relations. The delegation from Nyas aland

had come not to negotiate but with the mandate to oppose the very idea of federation „ Therefore, no fruitful discussion could be conducted regarding

, points of difference with regard to the principle of federation. Even then,

four days of meager discusgion were disclosed in the official statement

by the delegates, which contained several significant paragraphs. In

-essence the statement recognized further need for. discussion within each

territory and exchanges,of views between the four governments. The ■

statement went on to say: ' ‘ -

• On the question of federation as so far presented . ' ' and examined, the conference, with the exception of the Africah representative^, showed itself favor­ able to the principle of federation.^ '

; , The conference was in general agreement that economic and political

partnership between the Europeans and Africans was the only policy under yvhich federation could be brought.about in the conditions .of Central Africa f

and it was recognized that any scheme for closer association should give 97 " ' - effect to that principle. The conference was also gravely concerned at

the' dangers which would flow from any weakening or dilution,of the British

connection and British tradition and principles in the three territories „

Great Britain, Closer Association in Central Africa. Statement by His Malesty's Government in the United Kingdom, Gmd. 8411 (London: Htsr Majesty's Office, 1951), p. 5. ' ' • 38

It also recognized the advantages which would arise from the common

handling o$ problems that transcended territorial boundaries such as com­

munications , research, defense, higher education and the planning of

economic. development ^ • i . : _ 29: • '

It had, however, been made clear at the conference that one of the

main obstacles to the general acceptance of 'federation rested in the appre-

' hension felt by Africans with respect to the two northern territories that

federation might impair their position and prospects „ ■ , .

The conference also agreed that in any further consideration of pro­

posals for federation: ■ ''

1 „ The protectorate status of the two northern territories would be accepted- and preserved. This therefore excludes any consideration now ..or in the future of amalgamation .of • the three territories unless a majority of the inhabitants of the three territories desire it. , , .

2 . Land and la'nd-settlement questions in Northern Rhodesia must remain, as at.present, sybject to the ultimate authority of /B .e r/ Majesty's Government and legislature in each ter­ ritory and not of any federal authority. The land rights, of. • the African people in Northern Rhodesia and Nyasaland must • . remain secured in accordance with existing orders-in-council.

, : 3 . The political advancement of the peoples, of Northern ' Rhodesia and Nyas aland, both in local and territorial' government, must remain, as at present the responsibility

29ib id . ; of the government and legislature of each territory, . - and not of any federal authority , ^ ^ ' '

If was further agreed that if any form of closer association was eventually

decided upon,, then .all these rights should be enshrined as an integral •

part of the constitution„ ^ --v: <..:v

The conference did not reach the stage of discussing the constitution '

' and the powers of the federal parliament, but the Southern Rhodesian dele-

• gation intimated that there were certain points in the report as written with '

which they did hot agree and which should be discussed with all concerned

before another conference was held o "

A hine month period until the next conference was' decided upon.

. Africans suspected this move very much due to all the haste„ To them the -

, very phrases such as the preservation of the."protectorate status" meant

that in the future it was to be federation or nothing. The Northern Rhodesian

delegates were for the policy of partnership which created a division in the

; African'political policy o For this reason the Northern Rhodesian African . .

delegates were condemned and the policy of partnership was repudiated

during a meeting of African political organizations and African leaders in

Kitwe on October 28, 1951. As a result the value of the role to be

30Ibid./ p. 6 - ' >V,

^Eugene P. Dvorin, "The Central African Federation: A Political , Analysis" (unpublished Ph.D. Dissertation, University of Los Angeles, California, 1955), p. 85. 40

played by African delegates at future conferences was thrown in doubt „

The only thing on which the Whites and Blacks agreed was their

loyalty to. the "Grown „ Southern Rhodesian Prime M inister, Sir Godfrey

■ Huggins later Sta^ ' ■

We have to face the fact that the Falls conference ’ and the visit of the cclonial secretary did stimulate : the trend towards fanatical and misguided nationalism •. • '■ among the native African people, and really amounted to an ignoring of the Europeans living in these • . countries, as to what they have done, and were doing . for the nativeo The Africans seemed to forget that any , v change had to be agreed to by the Europeans of these l v countries, and they, the backward.people,'were not • , in a position to dictate o They left the conference with . . frightfully swollen heads o o c »It actually degenerated into a Native Benefit Society. .

As a reaction to the conference proposals the Democratic Party was

formed blithe Afrikaners to maintain White.leadership, fight Communism,'

claim for Southern Rhodesia the right to "conduct herown a ffa irs, advocate . •• '

Dominion Status as soon as possible, and forward the view that native

troops should not be armed» This party was termed as "neb-Mazi" by

M r0 Huggins f33 . : ^

^^Legislative Assembly Debates (Southern Rhodesia), 32 (1951),

3538-40 o Quoted in Eugene P„ Dvorin, loo, cit . , pp0 81-82 „

^^East Africa and Rhodesia (November 8, 1951). 'Vv, . . . ■ 41=,

Mr„ . Huggins had already suggested the.closer association of the two

Rhodesias excluding Nyasaland and he made it plain that he would not put. up with similar conditions to those of the Victoria Falls Conference, He demanded that the Africans present must be empowered to negotiate not merely to discuss and opposeb =

Imrnediatdly following the Conference the British voters returned a

Conservative government to power, in October, 1951 „ Mr, Oliver Lyttleton on November 21, 1951, in the House of Commons maintained that there was:; an urgent need for closer association of the three Central African territories., which would be best achieved by federation„ He also stated that,the . • .

British Government was in full agreement with the statement issued at the conciusion of the Victoria Falls Conference excluding the amalgamation . ,, of the three Central African territories without the consent of the inhabitants and he felt it should apply equally to the amalgamation of any two of the ' , :/V ' . V 34 territories or any part of them. In doing so, he spilled cold water on

Mr, Huggin's earlier suggestion regarding the amalgamation of only the two Rhodesias in view of the uncompromising attitude of the indigenous people, ' ■ , " ^ V

The African opinion was hardening against federation and .

^ House of Commons Debates , 5th Series, 494 (1951-52), .394, 42.

Mr o Roy Welensky was convinced that there, was no hope of persuading the Africans to feConsider-their views „ Besides the ICitwe repudiation of the Hdrthern Rhodesian,delegates at the Victorial Falls Conference there was another event pointing to African opposition to federation.

This was the statement of the'Northern Rhodesian Representative Council 1 which was issued when it was summoned .by the Northern Rhodesian

Government to express its views bn partnership. The Council met on

December 3, 1951. The Governor of Northern Rhodesia, Sir Gilbert

Rennie, addressed the Council and requested it to participate in the pre­ liminary definition of partnership and to express its view on the Kitwe 35 conference & The Council rejected the Governor's request and refused • to express its views regarding the ICitwe statements.' Furthermore, it criti­ cized the timing of Lyttelton1 s statement „ It considered that it was too

• ''"V ' / - * g c ' ' ' early for him to have made an open statement on federation. 9

The issue bf federation developed into party debate in England„ On -

March 2, 1952 , in the debate in the House of" Commons, the Labor Party placed itself, against the federation/ its .own.creation in a sense, on the grounds that unless, and until, there was African consent the scheme

^""East Africa and Rhodesia (December 20, 1951)

■ 36IbM . ■ ,. .' - should be abandoned„ Did all this mean that the Conservatives were in

favor of imposing federation without ' African consent ? Hardly., because

the Conservatives were only beginning to present the position that there-

was no widespread African opposition to fediratioh* and such opposition

as did exist was alleged to be insignificant „ In the view of the Conser—

vatives it was largely induced by intimidation / or at worst due to a. lack

of knowledge on the part of Africans towards the federation scheme. Thus

the Cons ervatives minimized the opposition while the haborites emphasized it

During the months of March and April of 1952 the Africa Bureau was v

established in London. It was sponsored by eminent.figures in the churches

and universities and the members of British political parties. It soon

assumed the role of most vocal and influential organization in Britaih

opposed to federation. Mr. Arthur Creech Jones, former Laborite Secretary

for Colonies was a member of the Executive Committee. It sponsored a

large number of .public meetings and, through its Information Digest and

other publications, provided an effective running commentary pn the latest.

developments in. regard to federation. This opposition was matched by the

United Central Africa Association in Central Africa whose first president ,

was Sir Godfrey Huggins.. . '• . : ;

The Lancaster House Conference, April 23, 1952 ,

The conference was called by the British Government to discuss the composition of federal governmeht for the Central African territories. It , was directed by the two Secretaries of State „ The Northern Rhodesian delegation included Sir Gilbert Rennie, Governor of Northern Rhodesia ,

Mr. Roy Welensky, leader of the unofficial members in the .Legislative

Council, Mr. E. I. G. Unsworth, Attorney General, Mr. GbB. Beckett,

Member for Agriculture, and Mr. J. S. Moffatt, European unofficial member representing African interests. The two African members of the

Legislative Council, Mr. D. L. Yamba and Mr. Pascale Sakota were also included as were the two members of the African Representative Cguncil.

The Nyasaland delegation included Sir Godfrey Colby, the Gover­ nor, and four Nyasaland Africans from the Legislative Council and

Nyasaland Protectorate Council. It was presumed that the officially des ignated African delegates from Northern Rhodes la and Nyss aland would decide the jpart they would play In the conference only after scheduled pre­ liminary talks in London with My, Lytellton, the Secretary of State for c o lo n ies. , '

The Southern Rhodesian delegation. included Sir Godfrey Huggins, ; the Prime Minister, Mr., R. O.' Stpckil, leader of the opposition Rhodesia

Party, Mr. W. H.. Eastwood, the Labor/representative from the Legislative

Assembly, and, for the first time, from Southern Rhodesia, two Africans,

Mr. ypshua Nkomo, a social worker and General Secretary of the Rhodesia

Railways African Employees Association, and MrJasper Savanhu, Chief '

Editor of African Newspapers Ltd. - ; ' . 45 .

■ Before the conference was to convene „ Africans had already made it

public that- they were going to stage a boydott• Their reasons were that

they had come to hdndon "to reaffirm to Her Majesty's Government

/many unanimous opposition to federation/' Opposition to the federar tion also dame from unofficial delegations of Africans from Northern

Rhodesia and Nyasaland, largely consisting qf representatives from the

African Congresses 0 They came all the way to London to communicate • * \ their views to the British Government Both Mr„ Hastings. Ke" Banda and, * . ,

Mr0 Harry Nkumbula, African leaders from Nyas aland, stated:. "We reject federation for we are looking forward to the time when we have our own . '■ - ' ' 30 . - ' - ' government o" , • • .

As a result/ only the Southern Rhodesian Africans attended the con­ ference „ During the conference Sir Godfrey Huggins received a message from a joint meeting of seventeen African organizations in which it was

stated that albeit the meeting regretted that the Prime Minister had appointed the two African delegates from Southern Rhodesia without., consulting the

African people, nevertheless, it unanimously agreed that those chosen were'

"capable of reporting adequately both rural and African urban views which ■

^ D v o rin , lo c . c i t . , p„ 132 „ ' -

38Ibido, p. 138o ■ : were totally opposed to any form' of federation or amalgamation under

present conditionso" . - '

The conference was convened on April 23rd to discuss division of

powers between federal and territorial governments , the composition of

the proposed federal assembly, the electoral law, the suggestion of a

second chamber, the relative representation of the territories, the

transitional provisions to put) federal government into effect by stages, ’

the composition and the jurisdiction of the African Affairs Board together

with the role of the Minister for African interests, the constitution of

the federal executive/ the'composition and the. jurisdiction of the proposed

federal judiciary, the election of a Speaker and deputy Speaker,

The broad form,of the federal scheme which vvas emerging soon

became evident . On the question a second chamber it was agreed that it

should not initially be a part of, the Scheme, but the draft constitution

should contain a provision for its addition at a later stage by the agreement

of the four governments „ Qn the whole , the conference felt that, however

regrettable, there was the necessity for Safeguards for Africans , It was

. agreed that the provision for the African Affairs Minister would not work;

so it was dropped and instead it was decided that the Chairman of the

Board should be .outside the cabinet arid that he should be an independent

. 39Iimes (London)(April.25, 1953) ,, , • ' / statutory authority appointed by the Governor General with the approval of the' British Government ■ in addition to the Ghairman, the Board would . consist Of one European and one Afrioan from each territory which would constitute seven appointed-members » The.Board would have the power to hold up and refer to the British Government any federal legislation which it may consider as discriminatory and to the disadvantage of Africans ■ either in fdfm dr in operation o: . . f

There would be two elected Africans representing African interests from each territory» The conference also agreed that in regard to certain subjects the federal and the territorial legislatures should have concurrent powers of legislation, whereas, previously,/ it had been stated that services and functions not specified as federal would remnin territorial» It was also decided that with regard to African land rights, the federal government would be vested with compulsory powers to acquire land for / federal purposes, such as railway tieyelopmenb. Such powers as were made subject to Orders«in“CounGii by the Grown were native reserves and native trust land in Northern Rhodesia and Nyasaland„

. • Regarding the Federal Supreme Court, the conference agreed to have, it staffed by federal-judges, exercising hot ordy original jurisdiction but appellate jurisdiction from the Supreme Courts of the territories e The conference also set up various commissions to report on judicial, financial and public service functions to fill in details of certain parts of the draft scheme in the light of principles accepted at the conference»

. The conference ended on May 5, 1952. While the African repre­

sentatives of Southern Rhodesia were busy taking part in the proceedings,

the Africans from Nyasalapd and Northern Rhodesia were engaged in

expressing their vehement opposition to any scheme for closer association.

They were joined by a score of organizations such as the Africa Bureau,

, the Fabian Ooldnial Bureau, the British Council of Churches and the Anti-

Slavery Society 0 Their tone of opposition was that federation, whatever

its economic advantages >• should not be imposed upon an unwilling

maj ority „ - •

■ The,Southern Rhodesian.delegates, Mr. J. Z„ Savanhu and Mr.

I. M. Nkomo, on their return from London said that the federation proposals

will not be acceptabie tp'the Africans in Southern Rhodesia until there was

complete and true partnership. Mr. Nkomo said, "The present proposals

show.that Federation would be only for Europeans." He also maintained

■ that the African people-did; not refuse this Federation without knowing -

anything about it. "They wanted real partnership... . .IDiscriminatory

. legislation had inade them lose faith in the White rnan0.."

^ Rhodesia Herald (June 23 , 1-952) ...... The Economist was of. the following opinion;

But even if the new .proposals pass every test, even if they are both morally acceptable, it is still not - • clear that they are really necessary. If opinion in • Central Africa'were ip favour of federation or luke- ; warm about it,' enough economic and political reasons could be mustered to justify the scheme, and a new . and interesting chapter in British constitutional experi­ ment would have been written. But the reverse is the case . In the last twelve months African opposition , • to federation has been unmistakable. It is no use pretending that this opposition is unreal because a few African politicians by this means are furthering their own interests. From nearly all accounts, the opposition is universal; it may be instinctive, without any basis in either study or understanding of the proposals, but ' - it nevertheless cannot be ignored.. .Until the case for federation is made clear beyond doubt, any attempt to force it on the Africans will.be m istaken.43 •

Asians of Hyasaland also joined with the opposition partly due to , their own interests „ They held an assembly at Limbe in Nyasaland on

26-28 July, 1952, and issued a policy statement which was published in the Tribune bf Nairobi in Kenya Colony. The statement went on to say:

Our ultimate ideal is, . and must be , the breation of a • , multi-racial society. .. „A federation can only succeed if the federating units first nebpgnize, accept, guarantee " in law and respect in fact the innate rights of men, ■ . family and minority groups in their civil, religious, political and economic life. „ . .The principle of partner­ ship. . .can be of no effect whatsoever, unless first the • - racist tendencies are strictly checked and outlawed both in public and private life and, secondly, equal

^ The Economist (June. 21, 1952). recognition is accorded not only to the Africans but also to the.Asians and Coloureds.,

. ■ The Draft Federal Scheme^ . . '

The Lancaster House ©inference formulated the first Draft Federal

Scheme based upon the broad principles set forth by the earlier conference .

and its own proceedings» The Scheme was debated in the three African -x

territories as well as in the. House of QqmmonS . In Southern Rhodesia one.

segment of the European community opposed federation in the .ensuing

debate „ In Northern Rhodesia opposition to federation was restricted to

f epres entatives ' for African interests 0 In the XJnited Kingdom the Labor *• -

Party officially followed a policy of no decision as yet despite intense

apposition to federation as espoused in the Scheme by prominent Laborites

in Parliament o The. Liberal Party officially announced opposition to federal,-

tion as long as the Scheme lacked African consento

■ The main proposal in the Scheme which was published as. a White

Paper w as, the formulation of a Federal Legislature of thirty fiye members

Of whom seventeen were to come from Southern RhodeSia, eleven from

Northern Rhodesia and seven from Nyasaland 0 Although Southern Rhodesia. ■

^ The Tribune (Nairobi) (August 9, 1952) „

' ■ ^G reat Britain, Draft Federal Scheme, .Cmd, 8573 (Londons Her Majesty's Stationery Office, 1952). v; had only half the population. of the two territories, it was to have more

seats than the other two territories o • ■ .-

Therefore, the Mriqan opinion was. that if a hew state was estab­

lished under the existing conditions the White pettiers who were ruling

Southern Rhodesia would seize control of the entire federationince' ;

their number being far greater than that qf the Whites in Northern

: Rhodesia and Nyasaland, while the safeguards for African's would

disappear;

The Christian Century opposed the federation since it felt that

those intellectual Africans who had some comprehension of the federation

Were convinced that it would bring only a more rigid settler cpnimlj they

expected the new government of the new federation to be •little different

in its racial policies from the government in the adjoining Union of South 47 ' • Africa „ ; ' .

As regards to 'the African Affairs Board, it was felt that: -

To assert, as the British Governments/was/ " * doing, that such machinery/provided/adequate protection for the non-European, /w as/to insult the intelligence of the African, and to endeavour to mislead the British electorate A differentiating . measure /w as/ precisely defined in the White Paper,

. . "Plunging on in "Africa > " C hristian C entury, 69 (July 9, 1952) 0 but the interpretation of that definition in the final resort, /w as^ to be entrusted to politicians „ The 1923 Constitution of Southern Rhodesia /stated/ that no law which /discriminated/ against • the African /could/come to force Unless so approved by the British Government; although there /h ad / been - . a number of such, laws since 1 9 2 3 the British - . : ■ ; Government /Rad/ never exercised its right of veto. 48 ■ •

The last conference, which was to draw up the Constitution, was slated for January 1953. • ...

The Carlton House Terrace Conference, January-February, 1953 , . . .

No Africans were present at this last conference, albeit invitations' ’ • had been sent out to the Northern Rhodesian African Representative Council and the NyaSaland Protectorate Council to send delegates who would take full and effective part in the deliberations, but both the invitations were • declined. None were extended to Africans in Southern Rhodesia.

On the opening day of the conference the Manchester Guardian imoted that "the British Government make some allowance for the,possibility that the federal scheme has been misunderstood by some Africans who have' - attacked, misrepresented by others; and not.grasped by many more." * .

Those Africans who opposed the federation looked to public opinion • in the United Kingdom as their most effective ally. Thus, African

^ Contemporary Review (September, 1952), p . 1.51. -

^M anchester Guardian (January 1, 1953)'. spokesmen, from Northern Rhodesia and Nyasaland invaded London during this conference. Northern Rhodesian and Nyasaland chiefs all Came to

publicly oppose the federation and"one came from Southern Rhodesia, The chiefs spoke in London, Edinburgh, Birmingham, Hull, Oxford under the auspices of the Africa Bureau and Reverend Michael Scott. They also had an interview with Mr, Lyttletdh and the talk from the chiefs1 view was highly unsatisfactory,

, ' The conference agreed on majority of points conderning the Draft

-Federal Scheme„ However, it was evident that a solution had to be found to the most critical problem facing the (delegates, namely the amending of the safeguards for African interests,

The Rhodesia Herald, in view of all the public opposition, com­ mented:

There is an obvious need for talks in secret, at which delegates can put all their cards on the . table and talk freely without fear of sniping from their opponents , ,,, But once the principle pf secrecy is adopted, it must be carried to its log­ ical conclusion and. nothing revealed, by the dele­ gates until the final decisions have been made and published for general information and comment , V,, Until the White Paper has been published arid all the facts set out for all to read, meetings, discussions, and comment are valueless, At best they contribute nothing and at worst, can only prejudice and cloud the public mind,50 '

.^^Rhodesia Herald (January 21, 1953) „ Many.secret discussions were held regarding the problem of safe­

guards for African interests „ Of all the safeguards for African interests

, the problem of amending the composition - and the organization of the

Africap Affairs Board emerged as the 7 most crucial and vexatious e

Sir .Huggins put forth his. plan for haying the Board go inside,

rather than remain outside, the Federal Parliament. In other words the

Board would be either a Parliamentary Select or a Standing Committee.

Within a few days it was officially announced that the proposal for having

the Board as a nonparliamentary body had been abandoned and that how it

was to become an integral part of the Parliament „

Under the Draft Federal Scheme the African Affairs Board was to be '

completely indepehdent of the Federal Assembly* In the event a member .

■of the Board consequently became a member of the Federal Assembly he

ceased to hpid Ms position on the Board, the same.provision applied to

membership in any territorial legislature, This was a compromise with

the Southern Rhodesian view point. Her, Majesty's Government felt that

the Board was still charged with the duty of watching for discrimination

against Africans through new legislation. ’ The Board would still comprise

both Hiropeans and Africans, who would be elected instead of appointed.

Only two of the Board members would still have to be appointed, the

remaining members would gain their Board posts through specified pro- •

cedure of election. v ■ ‘ . ' There were, of course, other important advantages to be gained

over the old proposals e First, a potential source of constant friction

• •;b.etwe0ft^..forei#i;b:pa^_#nd .many legislators and electors would be

removed . Second, the reports pf the African Affairs Board could be

debated by the whoie Federal Assembly including" the African members 0

Thus, if really controversial matters were under discus s ion all sides

of the. questioh could be ventilated before the public eye and the"

Secretary pf State, before making a decision, would have the opportunity ;

of seeing all the arguments'pro and con. Third, the new arrangement

would be more economical in manpower, which was one of the reasons

for constituting only one chamber.

Gritics of the federation decried the decision to organize the

African Affairs Board as a committee.of.the Federal Assembly. For them

such a move removed the independence of the Board from both the Federal

Assembly and the Federal Executive. Under the previous arrangement the

Board was independent of the White electorate „ They felt that the pro­

cedure of appointment by the Governor General and the territorial govern­

ments was more democratic from the standpoint of African interests, This

movb increased African, suspicions that all power would be placed in the

hands of the Whites and that the strength of their ties with the United

Kingdom would be decreased^ . Furthermore, they felt that by removing the

Board from.its isolation from Parliamentary, political arena add placing it •" in the Parliament where the White voters-had dominant control , the mental

framework of independence, so essential to the work of the Board members,

would be saorificed. Thus, the official duties of the Board might be

unchanged on paper, in reality, the spirit with which the functions would

./ be carried but would be altered „ As a result anti-federation agitation

among the indigenous people increased,.

Later , when the full details of the revisions relating to the African

Affairs Board were made, public, another significant modification was

apparent <, One of the principle differences in the powers of the Board

under the Draft Federal Schemes and the final White paper was the change

in the wording of. the definition of differential legislation^ , In the Draft

Federal Scheme a differentiating measure was defined, as "a Bill or sub -1

drdinate law by which Africans /w e re / subjected or made liable to any .

conditions, restrictions or. disabilities disadvantageous to them to Which

Europeans yfwereT^not also subjected or liable, or which might in its -

:. • 51 practical application haye a like effect 0" In the final Scheme a differ­

entiating measure was defined as "a Bill or a subordinate law by which

Africanso^er^? subj ected, or made liable to any conditions, restrictions''

or disabilities disadvantageous to them-to which Europeans /w ere/ not

also subjected or. made liable, or a Bill or instrument which / would/: in

5''"Great Britain, D raft Federal S c h e m e 6 md. 8573, op, c i t . , p„ 24, its practical application have such an effect „" The difference in the

old and the new Scheme was that whereas in the old one the African '

Affairs .Board could render an opinion that legislation was differential-

if such legislation might haye an effect, under the new Scheme, the

Board must show that the legislation iii question.must have an effect

which would involve a greater burden of proof 0

Another issue of great burden for the conference was to find a

formula for amending the constitution. Two opposing points of views

. on the machinery for amendment provided the conference with its biggest

test since the agreement in principle on the incorporation of the African

Affairs Board; within the framework of Federal Parliament 0 Mr. J.- S.

Moffat, nominated Member for African interests in the ATorthern Rhodesia

Legislative Council, maintained that the machinery for amendment in

the Draft Federal Scheme required strengthening to protect the African,

population from alteration that might be detrimental to its interests „

• Mr. Roy Welensky challenged this view and asserted that there was no

need to tamper with the existing plan. For four or five days the issue

developed into a major controversy during which time strenuous efforts

^G reat Britain, The Federal Scheme, Cmd. 8754 (London: Her . Majesty's Stationery O ffice1953), p. 26. 58

were made to reconcile the two positions „ By January 15th, the con­

ference was able to announce that deliberations on this point were

complete though it was not stated-iwhether. agreement 1 was actually

reached and no Supplementary information.was available at that time,,

As the third week of the conference was drawing to a close the Times

of London criticized, in an article titledD angerous Secrecy A' this

" • state of affairs t : ' ; :y.. ■ ' - '; - - ■

Binee the mididle of last wedk o <. »a cPr;fc 9ih of complete . silence has been drawn over the coprsa of the dis*-'- ■ cusslons o It is explained that the discussions have -v/v-. ’^'^'- --teachedi.-h delicate. stage-..ahd-that 'tc'reveai too m u ch .«« ■ : . indeed reveal anything^, 0 „might prejudice the „ „ 0 chances . . of success; this , it is implied, is one of the occasions where diplomacy must be secret „„ „ : : But the present conferehce is not comparable to , any normal diplomatic exchanges between soyereign sta te s 0 The object of;the cphference is not simply to : ' , teach an agreemeht, but to reach an agreement con- ; . • sistent with the pledges which this country has repeatedly given to those who are directly affected by the conference's ■ activities but who are not represented in them—the African populations of Northern Rhodesia and Nyasalandi - It is true that Africans themselves cannot prevent Federation from coming into being; the, only two hurdles still to be cleared, once the conference is at an end, are •a vote in the British.Parliament and referendum by the electors of Southern Rhodesia, But without African co- ■ operation Federation can never become the instrument for good which its originators intended it to be „ Secrecy may purchase a cut-end-dried'Scheme which can then be put to Parliament on a take-itror-leave-it basis „ But if it puts the scheme through at the expense of African distrust it will be a disastrous bargain. » Far from this ' . being a time for secrecy and silence, it is one for information and for general c o n c e r n .53 ■ Amidst all these criticisms the conference carried on its work embarked on the final drafting of, the federal scheme, to be- issued on

February 9, 1953. . . ..

Long before the White Paper was published, party politicians like

„M. George Munfo, chairman of Rhodesia Party, and Mr. Stockili Leader of Opposition, stated that they were less willing to recommend federation to the electorate. Sir Godfrey Huggins on the other hand felt the need for a new party which would be out of Southern Rhodesian domestic pclitics and. concentrate more on the propagation of the federal. The idea of fed- .' eration to establish a new party was abandoned for the time being, for such a party might gravely-complicate local political scene and lead to the formation of an opposition to the federation. However, Sir Godfrey in his % statement of February 8 , hinted that a Federal Party might be formed fol- - lowing the'referendum if the voting was faybrable.

It was clear during the referendum campaign that the federation

■arena was the site of conflict of the few and not of the many. The majority of the body politic was indifferent,to the federal idea . The press was mostly

^ Times (London) (January 19, 19531 in favor.of the idea but surprisingly opposing views were not few either.

The Rhodesia Herald, was generally sympathetic to Huggins 1 and the federation, but, it was not uncritical of it either.

The anti-federation campaigners probed deep into the White Paper to justify their position. Their-two main issues were the attainment of

Dominion Status and the future of .race relations in Central Africa, That, according to the preamble. Dominion Status Would be attainable when the inhabitants' so desired was in fact impossible. .Because the anti- federationist felt that inhabitants meant both Europeans, and Africans , therefore attainment of the Dominion Status would largely depend On the latter due to their number;'who would never consent to it, much less

‘desire* it.'

Regarding the issue of race relations, the anti-federationists felt that seating African members in the African Affairs Board would only degen­ erate race relations . Also different raciaT policies of the two northern territories and Southern Rhodesia would only lead to trouble. Besides, having an unwilling bloc in the Federal Parliament would only represent a dissatisfied section which would only agitate and there would not be progress toward, but rather regression from a blancing system of political parties on the British pattern.;

C4 . ' ■ ■ . ':'' - " • See A. Creech Jones, African Challenge: The Fallacy of Federation (London: The Africa Bureau, 195.2). , It was the burden of the pro-federationists to suGCessfuliy refute

the widespread criticism of the White Paper, Their campaign was con­

ducted under the Slogan: "Pray God Our Greatness May Not Fall Through

Grave Fears of Being Great," They maintained that Dominion Status would

be pos sible once the United Kingdom Government had conferred the degree

of government contained in the White Paper and when the Federal and the

territorial governments all made it clear that they desired Dominion

S ta tu s, ■

To the objections to African membership in the Federal Legislative

Assembly the pro-federationists counterattacked it with a number of argu-

, ments. First „ only six Africans would be seated in the Federal Parliament

to run the country they would have to gain a majority, and the ntajority

would be eighteen seats out of the thirty-five which certainly, would be .

quite impossible unless the Europeans themselves were to side with ■ 1

them .

The pro-federationists won whdn the deciding vote was cast in

their favor on April 9, 1953 „ They also won when the White Paper

received a favorable vote in the House.of Commons, By August the

Federal Party held the Tnaugural congress and the Gonstitution of the

Federation came into being* '' ... CHAPTER III

THE CONSTITUTIONAL ORGANIZATION OF THE FEDERATION ' '‘ ■

The constitution of the Federation begins with a preamble whidh, recognizes thie different status-of Southern Rhodesia with its responsible government and Northern Rhodesia and Nyasaland with their protectorate . status Subj ect to the ultimate .authority of the United Kingdom

;,v , . / .. 2 ’■ ‘ * ■ • ■■ ' ; ■ :: : ...v . '■ _ > Coverhment , It then goes" on, toexplain that Federation would add to the security , advancement and welfare of all the inhabitants, and in par­ ticular, it would foster partnership and cooperation between the races and later enable the Federation to attain full membership in the Common-. w ealth „ . •; • . /

THE -EXECUTIVE

Article.2 makes provision for the Governor General, who is also the

Commander-in-Chief, to be appointed by Great Britain. He is empowered

•'•Great Britain, "The Constitution of the Federation of Rhodesia and Nyas aland," Statutory Instruments, Part II, .1953 (London: Her Majesty* s Stationery Office, 1954), p. 1818. ' . " ' to grant a respite, substitute a less severe form of punishment or remit

' ■ .. 2 the whole or any part of the offense against the Federal Legislature c

The Governor General appoints his deputy to work for him whenever he 3 is absent from Salisbury, the capital of the Federal government«.

v .Executive powers are yested in Her Majesty but are exercised by the Executive Council headed by the Prime Minister„ .The Governor

General appoints the ministers' and the Prime Minister arid assigns ■ " 4 furictions to themv The Council has the power to maintain the Consti­ tution and execute the laws which the Federal Legislature is competent to enact„ ' .

Control dver the dismissal, transfer, appointment and promotion 5 of Fdderal Public Servants is vested in the Governor General, Persons of all races' are eligible to the Federal Public Service „ The Governor

General also has the power, conditionally or unconditionally,, to delegate

2ibld>, Article 43, p. 1837,

^Ibido., Article 37, p, 1834-,,

^Ibid., Article 37, paragraph. 1,

^Ibid. , Article 40, p, 1835„ 1 ■■ ■ ; > • . . • ■- . fey : ... . - , , ' ' any Federal exeGutive authority to a territorial Governor „ ' Such authority must extend to only those functions which are to he performed within that ■ . * * y ■ ' - 1 , * : * territory^ For the purposes -of further coordination and cooperation between the, four governments , provision is also made for a territorial government to reciprocate by delegating its executive, authority to the

Federal Governmento It is also provided.that the Federal• Government - ’ shall exercise the delegated territorial executive authority in such a man­ ner so as not to prejudice or impede the exercise of the executive . authority of the Federation within that territory 0 1 - •

the Federal government is also empowered-to set aside any area required for Federal use and operate it through-special laws £ The official

' 10 ' '' language of the Federation is English o * ^ ' •

. -Ibid., Article 41, p. 1836.

7Ibido ' ; . .V Ib id ., Article 42 , paragraph 3 . 9 . ' ' ■ „ Ibid o, paragraph 4.

' lOlbid c i Article 7, p. 1820. THE FEDERAL LEGISLATURE ' ' ■

Structure " • ' ’• ••

The legislative powers are vested in the, uni-camcral Federal

Legislature consisting of the.Governor tienerai and the Federal •’ , 1 1 ' ' ■ . , Assembly„ ' The Federal Assembly, since the electoral laws of 1958,.

consists of fifty-nine members, forty-four of whom are referred to .as

the elected .members . Of these elected members- Southern.Rhodesia' •

.. elects twenty^.four. Northern Rhodesia elects fourteen while:Nyasaland

elects six. These members are elected by the voters of the general '"

ro ll. '■

There are hine specially elected members, eight-of whom are

. Africans and one European i All of them are elected by the voters of the

general as yvell as the' special rolls . Four of these specially elected

African members and EurCpean..members are elected in Southern Rhodesia

while Nyasaland and Northern Rhodesia elect two each„ .

The African Councils' in the two northern territories also elect four

African members two fronr each territory. Two European members are

appoihted, one by the Governor of Northern Rhodesia and one by the •

Governor of Nyasaland.

' -v- '■ n - - Ibid. , Article' 8 . " . '' As mentioned before there are two electoral roils in the Federation*

The general roll has higher financial and educational qualifications than the special roll „ All the voters must be twenty^one years of age and also possess the ability to speak, read and comprehend in English*

The general roll voters must satisfy, income qualifications ranging from 1:720 to £300 per year , or property ownership valued at £1,500 to

£500 * Those qualifying for an income of £720, or for ownership of property valued at £1,500 are not bound to qualify for any educational 1 ■ requirements „ However/ those qualifying for an income, of £480 per annum , or for ah Ownership of property valued at £ 1,000 must have completed a primary course of education at a school* Those with the lowest income or property qualifications must possess" a‘Cambridge Overseas School

Certificate or a prescribed equivalent* Special provisions allow a Min­ ister of a retooghized religion or a recognized Chief to register on the general roll Without having, to fulfill any of the financial or educational • qualifications* ' ’ ..

The general roll Voters have more power since they elect forty-four

1 ^Central Africa and the Franc his e: An Examination of the Federal Electoral Bill (London: Africa Bureau, 1958), pp. 2-3 * of the fifty-nine members „ Furthermore, they also have a decisive influence in electirig'eight additional members since they are allowed to vote with the special roll voters. / . -

The special roll voters must satisfy income qualifications ranging ffbm £150 to £120 per annum . Those who possess property valued at ■

£500 or an annual income of £150. are not required to fulfill any.educa­ tional qualifications. However, those who have an income of £120 per annum must have attained Form II in secondary education„

The special roll vote Is weak'since it cah.be used only in con­ cert .with the general vote for electing only eight members „ The following table compares the old .(1953) and the.-nevy (1958) constitutions of the

Federal Assembly. It also shows the extent of the power given to the • . . .. general and the.special roll voters .1 ■ : ' O-V; TABLE 2

CONSTITUTION OF THE FEDERAL ASSEMBLY IN 1953 AND 1958

1953 TOTAL 1958 TOTAL

S.Rhodesia N.Rhodesia Nyasaland S.Rhodesia N.Rhodesia Nyasaland Members elected by voters on Members elected on general roll Common Roll 14 8 4 26 24 14 6 44 Electorate mainly European Electorate mainly European

African Members African Members 2 2 2 6 4 2 2 8 Electorate as Elected by Elected by general and special roll above African Councils voters (Europeans 86,233; others 3,557) 2 2 4 Elected by African Councils

European Members European Members representing African interests representing African interests 1 1 1 3 1 1 1 3 Electorate Appointed by Electorate Appointed by as above Governors as above Governors

17 11 7 35 29 19 11 59 Bxoept with respect to the first general election r the Federal'

Legislature is empowered to -make laws with respect to the elections’ of the elected members and,. in particular, as to the qualifications for election, and the circumstances in which such members shall vacate their seats in the Federal Assembly0 It is also empowered to enact laws regarding the qualifications for the registration.of voters, and . 1 holding of elections, direct or indirect; and the delimitation of electoral districts. ^ - V .

After a general election, the members elect a Speaker who may be * selected either from among the members of Assembly or from outside the,

Assembly = If a member of the Assembly is elected and agrees to serve as Speaker he thereupon''must vacate his seat as member of the Assembly,

If he is a per son from outside the Assembly and if he happens to be a . member of a territorial legislature also/ then he must resign the. member- ‘ ship of that legislature>=/ / " / - /h/;' x.;..

Nineteen form a quorum and all questiohs proposed for decision are , determined by a majority of votes of the members present qnd; voting. The

Great Britain, "The Constitution of the Federation of Rhodesia and NyaSaland , 11 op, cit,, Article 16, p. 1825 , ■ . ' • " . . \A speaker can only exeroise his vote when there is a tie. ■ :

Sessions of the Assembly

The Federal Assembly meets at least once every year and the

GovernorcGeneral may, at any time, prorogue or dissolve it» If it has

riot been dissolved earlier, then he does so, at the expiration of five

years from the date of its first meetirigt arid the federal elections are

held within three months, after the dissolution.

'. When a bill has. been passed by the Federal Assembly, it is pre­

sent edto the Governor General who, except for a bill which contains

differentiating or discriminatory, measures, assents to the bill or may

t declafe that assent be. withheld, or reserve the bill for the signification

of Great Britain „ The bill becomes a law when announced in the official

Gazette of the Federation."" Great Britain, may also disallow a law

; through the Secretary of State within twelve months after it has been

absented to by. the Governor General, : r (

THE,DIVISION OF POWERS b '

The vital part: of the new constitiition lies in the division of powets

between the Federal and the territorial governments, Unlike the ■

" ; - ^Ibid., Article .19, p. 1826, '

' ' % I S ' ' ' . ' ' ' ' . t , y ' " ' . - . , Ibid,;;,: Article 24, p 0 1828, . . r " , .. - ; constitution of the United States the constitution of the Federation itemizes, in great detail, the matters lying.within the jurisdiction of

each government and the matters' that come under concurrent juris­

diction*

To the.Federal government is .given the exclusive responsibility

of looking after matters .enumerated under the Federal Legislative.List„

These are: . ‘ . ' - . . •

1. External Affairs „ " •

2 o y Extradition and the removal 'of prisoners „

\V.\''^^>Ddfeinse. . ' ' '''

, • 4 ,. Immigration into and!emigration from the Federation* ,

5* Aliens 0 ' ' '

6» Citizenship of the Federation* . ■ . - V-'' " ' ' . • 17 7. Banks and banking, other than land banks „ Control of . capital issues*

.. . ,8 * Control of imports into. and. exports .from the Federation; , . exchange control *

9* Prom qtion of exports‘from the Federation*

l^Ibid, , Second Schedule, pp* 1855-1858 * • l7 •■■■•' V . Lgnd banks are defined as banking institutions set up by Federal or territorial governments * Ibid*, Second Schedule, Part II, The Con- . current Legislative List,.Item 50* - - . 72

10. The distribution,,disposal, purchase and sale of such manufactured and unmanufactured commodities, and such .animals and, poultry o The control of the wholesale and' - retail price of any commodities, animals or poultry.

11. Duties of customs and excise, including export duties , other than duties .bh motor spirit.

12. Taxes on ipcome and profits^ and taxes on amounts paid ■ or payable on the. sale of goods other than motor spirit.

13. Currency, coinage and legal tender.

14., Guarantees by the Federal government ofdoans.„ . * .

15. General provision as to companies.

16. Insurancey other than insurance undertaken by a territorial government. • '

17 „ Bills of exchange, cheques and promissory notes.

18. Copyright, patents, trade marks, designs and merchandise marks. . ' ■ ' -

19. The construction, alteration and maintenance of all inter- territorial roads• "

20. Railways and ancillary services. . . ■

21. Shipping, harbors. ' • ‘ ■

22.;- Aviation.

'Meteorology-. .

24. In relation to Southern Rhodesia, agriculture, but not includ- . ing forestry, irrigation, or African agriculture.

25. In relation to Southern Rhode&ia, animal health, including animal pests,and diseases . . • • 26 „ Plant pests and disease in Southern Rhodesia.

27. Posts, telegraphs, telephones, wireless, other than broad­ casting/ television and other like forms of communication, . \ and post office savings banks.

28o Major irrigation and water works

29. The generation, supply and use of nuclear energy,

30, Primary and secondary education of persons other than Africans

31 o. Higher education.which, is university education, including the higher education of Africans.

32 . Weights and measures. ' ’ . , . • • •

33 . The Federal Public ■Service.

34 , Federal Public relations. • • • .

. 35. Audit of Federal public accountsd

36o .The establishment, training, maintenance and administration • of a Federal.police force for service in the employment of, or use in, any territory at the request and under the operational , control of the' Governor of that territory.

37. The establishment, constitution, jurisdiction and powers of any Federal courts other than the .pederal Supreme 'Court,.: M

38. Legal proceedings between the Federation and a territory ' ’ : or territories. ^ ' ; ;

. ^§.Such legal proceedings are subject to Article 53 which states that the Supreme Court shall have original jurisdiction in any dispute , between the Federation and a territory or. territories, if and in so far as that dispute involves any’question 'on which the existence or extent of a legal right depends; to determine any question regarding the right of a . person to remain a member of the Federal, Assembly and in disputes involving a Federal officer or a Federal authority, Ibid., p. 1840. .39* Legal proceedings by or against the Federation other than proceedings against or by a territory,

.40. Professional gualifications in respect Of certain profes- : V sions. '

41. The payment of old age pension by the Federal, government .

■ 42. The control of any area designated as a National park ' depending upon the consent of the territdrial Governor*

43. Any monument designated.as a National Monument with the v Consent of the Gbyernor of the territory in which that monu- ' ment is situated.

' 44 . Any other matter, whether or not otherwise within the exclu­ sive legislative competence of the Federal Legislature, with respect to which for the time being, the Federal Legislature has and a territorial Legislature has not, power to make la w s. ■ ,

The Concurrent Legislative List contains matters on which both the territorial as well as the Federal government can legislate. This list comprises the following functions: 19 ' , ' •

: 1. Deportation. • , '

2. . Naturalization. * • • -

3. Control of the voluntary movement of persons between territories. ■ '• ' .' .

4. .. Control of movement of goods and animals between ' territories.

l% bid., Second Schedule, Part III, pp. 1858-1859. 75

5 o Development of industries „

5. Land banks „ • ,

. 7 o Co-operative societies and co-Operative companies con­ nected with agriculture, • except where a majority of . members are African i

8 . Bankruptcy and insolvency.

9. Hire purchase.

10. Roads other than inter ^territorial roads .

11. Road-rail crossings. . '

12. Regulation of road traffic o . , ■

13 . E lectricity. v ; - 't-:. ■' V' : 'V t

14. Scientific and industrial researchj including , in relation to the northern territories, agriculture, veterinary and. tsetse research. . .

15 . - The service and.execution, of any territory, of. the civil arid criminal processes, judgments, decrees, order's , and. depisions of the courts' of any other country and the V attendance of persons from any territory at the courts of any other country > whether that other country is within 1 or outside the Federation.

16. Prisons and other institutions for the treatment of, and ' methods of treating-, offenders against any law. ;

17. Care and protection of minors......

18. Fingerprints, identification and criminal records „

19. Security information,.

20 , Health other than silicosis in Northern Rhodesia, _ 21 „ Promotion of tourist traffic o

22„ Town planning. ' • ...

23. Geological, trignometrical, topbgraphical and cadastral / /; surveys. ■ , ' .

. ; 24. Broadcasting, television and other like forms of communi- ’ cation. ‘ • . ’

25. Archives ' . •

26. . Census and statistics.

27. Indemnity in respect of acts. However, the Federal Legis­ lature is not competent to make laws with respect to indemnity if it is related to a breach of a law of the Legis­ lature of a territory which is within the exclusive com­ petence of that territory.

28 . Registration of births and deaths .

29. Registration and record of printed publications.

■73d>'1 Commissions of Inquiry. • • '

31. Any other matter, whether or not otherwise within the legislative competence of either government, with respect to which under any provision of the constitution both the . Federal and the territorial government have for the time ' being power to make Taws.

The Federal Legislature is also empowered to make laws for the ;■ ■. . " OH peace/ order and good government of,the Federation. Another pro­ vision allows the United Kingdom to make laws for the Federation or - •

^Ib id ., Article 20, paragraph 1, p. 1829. any of the territories „ -

The territorial governments have been left, specifically, with • native administration, local government, African primary and secondary education, African land, trade unions and disputes between employers gg and employees „

Provision has been made to allow any territorial government, subject to the constitution of that territory, to confer upon the Federal government and revoke the authority to make laws with respect to matters not contained in either of the Lists» Further provision also exists’’ allowing the northern territorial governments to add certain matters to the Concurrent Legislative List, Such matters should be specifipally related to. non-African agriculture, a.nimaihealth, plants, pests and diseases , .. ..

The Federal Legislature is also empowered to revoke or confer

21Ibid0, paragraph. 7, po 1830,

, ^ Ibid, , Article 30;. p, 1830; Article 33, p, 1832; and Second Schedule, Part I, Item 30,, p., 1857„ ‘ .

23Ibid,, Article 32, paragraph 2, p, 1832,

2%bid,, Article 31, ■ . ' ’ upon a territorial legislature, authority to make laws for that territory

With respect to any matter included, in the Federal Legislative List' which may he specified in the law by which the authority is 'conferred ;

Effect of Federal, ahd Territorial Laws on One Another - ■ .

When a territorial law comes in conflict with the .federal law, which the Federal Legislature was competent to enact;, then the federal law prevails o . However, the situation is different under certain con-^ ditionso It will be recalled that under Article 32 a territorial legisla­ ture is competent / subject to its constitution, to confer upon the Federal

Legislature authority to make laws. However, a territorial legislature is also Competent to revoke that authority. Thus, when a territory . . revokes the previously granted authority, then it can amend or repeal the Federal law regarding that subj ect. ' •

Another check on the Federal government is apparent in Article 34 <,

It provides that where the Federal Legislature makes a law for the implementation of certain, treaties , conventions and agreements with . other countries or organizations outside the Federation and when such -

^Ibid0, Article'.32, paragraph 1, p. .1831.

' v®Ibid0, Article 35, paragraph 1 , p® 1833„ ■ ■ -

lib id o , Article 35, paragraph 3, p.-1834, a law is in relation to a territory, then that law shall not have effect •

unless and until the Governor of the territory concerned has consented <

and declared by notide in the official Gazette of the territory that it

shall so have effect ■„, , ' , . - .

' JUDICIARY

Structure

An independent judiciary is an integral part of the body politic

of the Federation, At the top of: the hierarchy in the Federation is the:*

Federal Supreme Court, composed of a Federal Chief Justiqe and a

minimum of two or a maximum of six other judges to be appointed by

the Governor General. It also consists of the Chief Justice of each of

the three territories„ v

To be appointed ah a Federal Justice a person should have been ‘

. a .judge of a court having-unlimited jurisdiction in civil and criminal

matters in some part of Her Majesty's dominions „ A person can also .

qualify if he has for not dess’than ten years been, qualified to practise

as an advocate in a court or,courts having unlimited civil and criminal,

jurisdiction.

' • . - A-fbderal Justice can hold office until he is 65 years of age unless

he resigns or is removed on such an address from the Federal Assembly on the ground' of misbehavior or of infirmity of body or mind. The exper­ ience of the Gommonwealth of . Mations favors this, system where the nature of recruitment, and the tenure of office do not admit of any political tinkering and insure adequate independence of the judiciary.

A special provision in regards to the establishment of the Supreme'

Court is there in Article 64.. It provided that for transitional purposes the Rhodesia and Nyasaland Court of Appeal should exercise the functions of the Supreme Court untiTthe.new Court is established. Now there is a new Federal Supreme Court.

The. cdnstitution does nof say as to how many lower courts should be established. However, Item 37 of the Second-Schedule, Part I, pro­ vides that the Federal Legislature is empowered to establish any Federal dourts other than the Supreme Court., The Federal government is also empowered to decide, upon the constitution, .jurisdiction and powers of . such additional Federal courts.

•Jurisdiction '

The Federal Supreme Court has exclusive original jurisdiction in • any dispute between the Federation and a territory or between territories involving a question of legal right. It can determine siich questions only when they.are referred to it. The Court is also empowered to decide on disputes . relating to the interpretation of the Federal Gonstitution „ - ^

In addition> notwithstanding anything in any law of any territorial legislature, the Supreme Court has exclus iye jurisdiction to determine • appeals from a territorial high court regarding the interpretation of a '' : .r ■ - 29 territorial constitution,. .

Further appellate jurisdiction on any other matter can be con­ ferred on this Court by a law of the Federal Legislature except that such matters should not be within the exclusive competence of a ter- ■ ■ ritorial legislature and when only the high court of that territory is , competent to decide on it0^® Further provision has been made allowing . ' , the Federal or any territorial legislature to confer additional non^appellate " • / ' ■ o ] , * , ; juristiction on the Supreme Court o .

1 Sll authorities throughout the,Federation must act in aid of the . ■ . op ' ' ,<■ Federal Supreme Court in enforcing its orders, Any final determination • . by the Federal Supreme Court requires the concurrence of a majority of

28 ' < Ibid o , Article 54, p. 1840 „ • _

. 29Ibid., Article 55. , " ' ; ,

^^Ibido, Article 56* ^ " • : . ■ 0*1 ' , , : " , , 31lbid., Article 57; p« 184Lo ^

. 32Ibid_„, Article 58, p„ 1841. • „ ’ ; : the judges present at thfe hearing of the matter „ • •

The Federal Legislatufe may by law confer upon the Supreme Court such additional or supplemental powers, with respect to the enforcement of court orders of make such further provision-, as may appear necessary or desirable and be consistent with the Constitution for enabling the Court more effectively to exercise any jurisdiction conferred upon them by this , constitution or by any law of the Federal Legislature or of any territorial legislature. f ' - . -.

The Privy Council in London is the final seat of judicial.authority - if the Federal Legislature by law provides for conferring a right of appeal to Her Majesty In Council from a determination of the Federal Supreme

Court, but only under circumstances and in such cases as prescribed in that law. ' • ■ • '

, • A word about judicial review would be pertinent at this point. As has become evident in countries like Australia, Canada and the United

States especially, the Supreme Court, by virtue of deciding on the constitutional validity of state laws, state constitutions, laws of the •

Federal government and ..executive actions, limits the legislative action and defihes its boundaries. ■ - •

Through the review of territorial or state action such a court has been able to thwart! encroachment by,the state legislatures, and executives ' ' : ' ■■ ' 83

on the Federal authority „ By reviewing Federal laws it acts as a law

maker and profoundly influences the course of public polity „ Experience -

suggests that the Supreme Gourts have exhibited a considerable impar­

tiality in the exercise of their functions as interpreters of division of

pow ers. . v ; ; ; • ... ■: ■ .. :

jMariy have argued that a Supreme Court tends to be rather rigid

and legalistic in its interpretations. Others have felt that there Should

be a separate agency to interpret the constitution and various laws , but

no better substitute has yet been found. As a result federal as well as

unitary governments rely upon the Supreme Court as an .impartial insti­

tution to act as the guardian of constitutions and legislative action.

It should be pointed out that, as in the United States during Franklin D.

Roosevelt's time, attempts were made to pack the judiciary. However,

the historical record of the Supreme Court of that-country shows that it

has been out of political influence or partisan consideration and has

served its purpose very efficiently . . .-y.

v Since the Central African Supreme Court is yet to decide its first

case it is difficult to say what its role is going to be in that area. If,

- however, we rely upon the record of other Supreme Courts, One can, with-:

out hesitation, say that it would fulfill the role of an impartial arbiter

33K. C . W heare, op. c i t . , p . 631 .. ' • and will not be swayed by racial or political considerations in Central

Africa. "

> ■ . AFRICAN AFFAIRS BOARD '

. : V The great merit of this constitution lies, in the estimation of - *

this writer, in the incorporation of Articles 67-77 pertaining to the

African Affairs Board „ . However t reference should be made to the irony

of history that in a cOuntfy Mhere the Africans heavily outnumber the

whites the iornier segment is treated as the minority „

The BOard consists of.two specially appointed European members,

■a specially elected European member from each of the three territories

and One specially elected African from each of the three territories „■ It

is a standing committee, of the Federal Assembly „ The general functions

of the Board are to make to the Prime Minister or through the Prime

Minister to the Executive .Council such representation in relation to^any

matter the Board may consider to be desirable in the interests of Africans,

It must also furnish information on matters affecting Africans to the

government of any territory upon request. The most important function

of this agency is, however, to draw attention.to any bill introduced in

the Federal Assembly and any instrument which has the force of law if;

that bill or instrument is in their opinion a discriminatory measure. Before any bill is introduced in the Federal Assembly, a copy . of the proposed bill is sent to the African Affairs Board unless the

Governor;General certifies against it o;: And, if at any stage during the passage of any bill through the Federal Assembly, that bill is, in the opinion of the Board,: a differentiating or a discriminatory measure : then the Board may lay before the Ass embly a report on the bill stating the reasons for considering the bill to be such a measure and make a request in writing to the Speaker of the Assembly that the bill be reserved, by the Governor General, for the signification of Her .,

M ajesty. '

THE PROVISION FOR AMENDMENT

A two-thirds affirmative vote of the Federal Assembly’is neces- - sery for the proposal of an amendment „ After it has been passed it is . to-be reserved by the Governor General for the signification of Her • •

Majesty’s pleasure. Her Majesty, however, may assent to it, only by an order-in-council. Also the draft of the• order-in-couhcil must be laid before each House of the United, Kingdom Parliament to be resolved with­ in forty days, after which,they may decide whether or not it should be approved. , . ■ ■ ■

The legislative House of any of the three Central African ’ • ’ ■ ‘ territories, by resolution, can object to any amendment or any provision

of the proposed amendment within sixty days after the.amendment has

been passed by the Federal Assembly»

A restriction on the power to amend the constitution is imposed by

Article 98 which prescribes that, before the expiration of ten years from <:

the-date of. the cortiing into force of this, constitution, a draft of any

amendment has to be laid before the iLegislative House of each of the.

three territories for approval in eadh House before the introduction of the

amendment in the Federal Assembly, Provision is also made for a con­

ference to meet and review the Constitution after seven years and after

not more than nine years of its existence,

' ' v - GENERAL OBSERVATIONS

The main argument for federalism in Central'Africa was the curb on

the power of the'Federal-goyernment to safeguard the interests of the

Africans, .The United Kingdom Government .which had gained, its powers

of administration over the northern territories through treaties of pro­

tection with the chiefs of the tribes.in those territories, was not pre­

pared to leave the African affairs under the complete control of the central

government, In short, the protectorate status of the two northern ter­

ritories had to be preserved and accepted. Each territory was to remain free to carry out its own policies in this matter despite glaring dis­ crepancies which might emerge from divergent native policies of the four governments However, the preservation of African affairs under . the territorial governments could be done only partially, since the

Federal, goyefiiment by its very formation affects the indigenous.people through legislation oh African higher education, and through legis- latibn on all matters that come under its exclusive and conOurrent jurisdiction*. Thus the result of the-act of federation is very Clear. It seeks to integrate its components and its people while leavinp‘relative independence to the territor ial governments <, Such a result is unavoid­ able unless the Federation disintegrates.

The Central African Constitution makes the central government - , one of express and enumerated powers and the Components governments one of partially enumerated.'and of residual powers „ Still, the presence of a lengthy concurrent jurisdiction list tends to provide the basis to achieve cooperation and coordination between the two governments „• It is possible that with the passage of time, through the exercise of coh-> • cuffent jurisdiCtion the Federal government may emerge with an expanded • jurisdiction.. Such a broad jurisdiction can result from the provision , that allows the federal law which the. Federal Legislature was competent to enact to prevail when it comes in conflict with a territorial law. However, the possibility of more .coordination between the, four govern- - ments cannot be mlbd out either, Thus, it is possible that in-the

Sphere of concurrent jurisdiction the Federal government may-legislate only after discussion on the matter with the territorial governments and vice versa P '

. The main criticism of the.Federal Constitution is its lack of a

Bill of Rights like the ones present in the constitutions of the United

States , Canada, India , Australia and Hew Zealand, One reason for such an exclusion wds that shch a Bill would not have been acceptable to most of those Europeans who supported federation 0 Rhodesians of

European descent are acutely sensitive to the assumptions that they are incapable of advancirigcMrican interests „ Infact, the Europeans feel that, considering the cultural and economic lag between Europeans and Africans, few areas! in the continent, if indeed any , have contributed as 'much to African well-being and progress. Fofmal Bill of Rights per se they regard as applicable in some countries with their own unique environments and experiences but not in Central Africa

There are ether compelling reasons why a formal Bill of Rights would-have been impractical o - The Federal government having been con­ stitutionally excluded from most of the African affairs would,have been unable to enforce any general regulations for,all the people. Even now the Federal government is empowered in a way so as to regulate the. indigenous people. This, it does through legislating on higher education, franchise requirement. immigration, defense and commerce. Still, the responsibility Qf determining the broad lines of native policy in Central

Africa rests upon the shoulders of territorial authorities. The Bill of

Rights would not have been applicabie to either the Federal or the ter- . ritorial governments „ -it Will be recalled that native policies between

Southern Rhodesia and the two northern territories differ widely in important aspects. The United Kingdom and the Federal governments are the only authorities common to the three territories. The United Kingdom would not have been in a position to enforce a Bill of Rights even had one emerged from the conferences on federation.

•In the first place, though the United Kingdom Government may, to a large degree determine the indigenous policies in the two northern territories, this is not the case in Southern Rhodesia Where the British

Government retains in this field only powers of reservation in legisla- ■ tion which sets forth, "conditions , disabilities or restrictions" upon ... natives which ate hot equally applicable to Europeans Even this

The Southern Rhodesia Constitution Letters Patent, 1923, Section 41, power of reservation is yet to be applied to the Southern Rhodesian native policies 6:: Thus , the combination of circumstance in Central

Africa made it impractical to.incorporate a Bill of Rights in the consti­ tution of that country, . .

It is of course much too early to assess the impact of .the " judiciary upon the nature of Central African federalism. Yet, there is little reason to doubt that the judiciary will, to a considerable degree, ■ , • determine the future pattern of federalism o .

One unique feature of the Federation is its peculiar division of powers between the Federal government and the three territories; between ■ the northern territories individually and -the British Government as well as between the Federal and the United Kingdom Government,. For instance, , in respect to the division of powers between the Federal and the United '

Kingdom governments is the requirement of United Kingdom approval of • ah amendment to the Federal Constitution,

It is not a common practice in the federal constitutions to divide certain powers of government among the Federal government and each territory differently „ However, such a complex division is another uncommon feature of the Federation, For example, the provisions for the

Federal government's exercise of certain powers exclusively in respect to one territory while the. other.territories exercise these, powers themselves.. One such outstanding example is the Southern Rhodesian European agri-

culture which is under Federal government1 s exclusive jurisdiction.

European agriculture in the two northern territories is within the

exclusive jurisdiction of the territorial governments unless they.desire 36 these subjects to be declared as concurrent matters & African agricul­

ture is exclusively a territorial responsibility and cannot be sotrans-

'■'ferred-i-' Jr;::

Another example of such a peculiar division of powers is the

subject of education which is divided in several ways among the. Federal ;•

and terfitorial governments: (a) primary arid secondary education of :

persons other than Africans is an exclusive power of the Federal

government? (b) the primary and secondary education of Africans is . .

not included in the Concurrent List and, therefore, it is one of the exclu­

sive residuary powers of. the territorial government's; (c) while, higher

education including the higher education of Africans, is a power delegated

exclusively-to the Federal government. Thus, in contrast.to African.agri-..

. culture which in all its phases is a territorial responsibility, African '

The Coristifuticn/bfFederationndf Rhod-esiaiaridiNydsiaTand," op. cit. Second Schedule, Part I, Item ,24„ , ' 36Ibid.„ Article 31, p<" 1831, ■ - .' " • ' '

37Ibido, Second Schedule, Part I, Item 30. • higher education which would include agricultural instruction becomes a

Federal responsibility 0 , ■ . ,

;v.v'Another -problem fraught with legal complexities is the question- ■.

of full and independent membership in the Commonwealth, Complexities

arise by yirtuB of the fact that the British Government has different kinds,

of relationships with the three territories. Thus, Southern Rhodesiaas

a self-governing colony, has.long been more politically advanced and

it, has been so represented in the Commonwealth Conferences, In con- ' ;

trast , the northern territories are in a protectorate relationship to the

British Government and they are also in a federal relationship by virtue

of being members of the Federation, ... *

- If, the Status of an independent state were to be achieved by the

.Federation, then either the. llnited ICihgdtini will have to forego its pro­ tectorate relations with the northern territories• or retain power of reser-

yation over the, African affairs, If the prevalent African opinion which

is anti-federationist and for self-government is to be taken into con-

sideratidn, then only the latter solution of reserving the veto over the"

indigenous policies 'could be feasible * If such a solution were to emerge,

then a new type of federalism would result. However, it should be ,.

pointed out'hhat since the Africans also want-full self-government outside the Federation and were they to achieve it, then the question of. , •< independent membership for the Federation may not arise at ail.

It is now clear that due to certain Federal powers impinging upon

those of the territories, the lengthy Concurrent List, and the fragmenting

of certain powers between, the central and the territorial governments to

an unusual degree, a clear-cut distinction between the central and the ,

peripheral spheres cannot yet be drawn.

Since the implementation of the Constltntipn must.be supple-

•mehted by experience and 'practice.we therefore turn to the analysis of

pertinent problems described in the next chapter. CHAPTER IV

■ . THE FEDERATION IN ACTION . .

In the understanding' of any government it is indispensable that

practice should be the central object of observation<, Constitutions

are important too, since they provide a base from which the governments

take off to function accordingly and effectively'. However, they do not

neceSsa.rily act absolutely according to the letter of the constitution

because there are several contextual elements that bring ne w problems

which; may need unique solutions and at times solutions can also result

: by further interpreting the constitution which is the function .of the

supreme court. Whatever the nature of solutions, they do mould the

; constitution. In fact, the nature of practice of a government sets the

; tone of .political behavior of. a country and allows a studbnt of goyerhment

to gauge its future as well as develop an insight into the nature of a .

political system. " ' •• -

Thus, the effectiveness of a federal system depends on the opera­

tion of certain crucial elements in the constitutional structure . In order

to understand clearly the experience of the Central Arrican Federation

it is essential that we .understand the problems arising from the division of powers especially those concerned with the Kariba Dam project (1956) and the transitional problems, in the Federal'Civil Service, arising from the transferrence of certain functions from the territorial governments to ' the Federal government „ • • •

Apart from these crucial elements it is indispensable to examine the working of the African Affairs Board, especially the effect of the electoral laws of 1958 on the Board and the African people in general„

: . It should be pointed out that the crux of the problem in Central

Africa is whether or not the Federation is to continue in its present form„ -

As will be apparent in the next chapter African opinion is overwhelmingly for secessloh and self-government outside the Federation, while Major­ ity of European opinion is for its continuation. There is a minority

European opinion which looks forward to dividing,the Federation into

African and European areas. Thus, the question of the future .of the Fed­ eration is dependent upon the trend of the political aspirations of its communities. ' /

Even though the.Constitution makes no provision for secession-, there is provision stating that the Constitution be reviewed by a con­ ference consisting,of representatives from Great Britain and Central

Africa. The conference, according to the same provision,, should Convene within seven or not less than nine years of the Federation's existence„ The inference that can be made .is.. that the Federation is yet to become a ,

permanent institntion. The disintegration of the Federationy if it comes

about, will be because it failed to innovate a compromise regarding the

Wishes, aspirations and the demands of its people. .

The problems regarding the division of powers will give us an

insight into the cooperative and coordinated activities of the Federal .. .

and the territorial governments while the transitional problems of the

. Federal Civil Service will show us how the Federation was hampered in

its workings for a short period of time, . ■

The formulation of the electoral laws of 1958 had disastrous effect

on the political position of the African Affairs Board and upon the '

indigenous opposition. . . '

DIVISION OF POWERS

One of the central features of a' federal government, as mentioned

befdre, is the division of powers between the central independent authority

and the regional governments, each being co-ordinate with and not sub­

ject to the other within its own prescribed sphere. A division of powers

can be constitutionally provided,for in general terms and it is left to the

governments to solve specific situational problems as they arise. In the

Central African Federation problems of division of powers were not . • ; settled by the Supreme court. Instead, they were dealt with by the representatives of the four governments involved.

A major problem, in the Federation, arose during the construction of Kariba Dam (1956). The Constitution states, in Article 30, that most of the African affairs do not come under the jurisdiction of the Central government. Commingling of African and European subjects, however, under the direction of the Federal government, is allowed in certain respectsF of instance, the: Federal government controls higher educa- tion while matters concerning African political advancement on the.. territorial level, African land and labor, and African local government' hre outside the jurisdiction of the Federal government. .

Several Africans were employed for the- construction of the Kariba

Dam on the Zambezi River which is the boundary .between Northern and

Southern Rhodesia. The project was. under, federal jurisdiction and the probiem arose regarding the regulations governing, the employment of ■ • • . l . . ■ . ' ■ native labor on the dam." The seriousness of the problem lay Inthe fact ■ that Northern and Southern Rhodesian labor regulations differ widely, liability for ihjury, health and sanitation, housing standards, first aid, ration scales,: labor records, rates of. pay, overtime, machinery for

■ : E.zPb DvOrin, " Emergent Federalism in Central Africa: Problems ' and Prospects" (unpublished paper, Michigan State University, 1958), p. settling disputes and so forth were involved6 Northern Rhodesia •hadv. already laid down comprehensive regulations governing the employment of Africans throughout the territory which were applicable to the Kariba projecto But, the Southern Rhodesian government had regulations that were applicable to specific industries only and ho separate regulations / existbd for the Kariba1 project0 One simple solution would.have been for the federal government to1 formulate uniform laws, for the project under its jurisdictiQn0 To facilitate this solution it was suggested that the site

O f the project be declared an extraterritorial federal area. - But this ' proposal waa later abandoned as impractical and the federal. gbvernV- meht was left without any jurisdiction over labor of African workers on

3 ' ■ a federal project. As a result.after Several months of lengthy and protracted discussions between the territorial and the Federal representa­ tives the relevant laws on both sides of the .Zambezi were finally brought

. ■ ■ ■ : . into line, - .

•Another difficult problem arose during a meeting of the international ' , . z.„": ■ \ , . - . ■ - •' ' ' c " ■ , * . Labor Institute iii* Beira in Portuguese East Africa in 1955 „ The member­

ship of the Institute comprises the governments of Sub-Saharan Africa

and the problems studied range over a large number, of subjects, one

of the most important of which is the subject of native labor„ An

international meeting of this kind is part of external affairs of a state

and in this case under the exclusive jurisdiction of the central govern­

ment o However, the fact,is that the subject of native labor.,'according

to the Central African constitution, is exclusively a territorial matter„

In view of'this peculiar situation the federal gpvernment found itself

in an emba%@s;s.img position for two main reasons „

First, the federal government was to be represented at a conference

over which it had no jurisdiction, and secondly, the federal government '

had no labor officer experienced in the technicalities of this field as

‘ .. ■ 6 the subject of native labor, was. not within ,its jurisdiction. This prob­

lem was solved by appointing the federal officer as an observer and by

delegating the responsibility of representing the federal government to

a territorial labor officer. In sum, the ultimate result was rather con- •

fusing because a territorial officer had to represent the federal government

5Ibid. ' ■ ’ " ' \

f a ■ ■ ' - Ibid „ ‘ ' ■ . at an international meeting on a subject over which the federal authority had no jurisdiction whatsoever," • • ...

To further alleviate labor problems , a standing committee on labor has been established comprisihg representatives from.the three territories and the federal government. The committee meets every two months to discuss any aspect of problems concerning labor. Even, though the committee is purely advisory, it offers a method of dis­ cussing problems that affect both the governments. - ■ . '

AFRICAN. AFFAIRS BOARD

The African Affairs Board is a. standing, committee of the Federal

Assembly end consists of three European members for African interests and three African members, one from each of the three territories.

It can make representations to the Prime Minister of to the ter­ ritorial governments aboht enhancing and protecting African interests.

It may also act as a watch dog of African interests by challenging any discrotoinatory legislation proposed in the Federal Assembly. Any bill so challenged is reserved for the consent of the Secretary of State in the United Kingdom. • ' -101

The Board's Ineffectiveness

Several factors have contributed to the ineffectiveness of this

agency that was designed to safeguard African interests „ ■ One reason

is the behavior of the Federal government« Frequently, the Federal

government has engaged in consultation regarding the proposed

;legislation with the Imperial government, and has refused thus far,'

, to consult with the African Affairs Board 0 The Board is an intermediary

body between the Federal government and the British government. Since

the final decision of the Imperial government depends on when and what

the Board chooses to declare1 as proposed discriminatory legislation,

logically, one would assume'that'the Federal government would con­

sult with the Board prior to consultation with the British government„

That this has not been the case illustrates that the Federal government

may be willing to discuss,its views or modify its position on proposed

legislation in consultation with the British government and hot with the

Board, half of whose members are African, including some ardent anti-

8 ■ ' ' federationists o Such behavior on the part of the Federal government .

has resulted in a certain amount of dissatisfaction among the Africans

7I b id ., p . 6, ■ 1 ' ■ .

8 i b i d . . - '■ ■ ■ . - ' : • • who s ee' little tangible evidence of its being anything more than- a

"stooge" deviceo • '

AhgthB1^ probiem that deserves some" attention is the role of

European and African representatives for African interests in the "

Federal Assembly, It is the usual case that their views do not coincide

especially in the case of European representatives from Northern

Rhodesia and Nyasaland.. The European representative of African

intefesls conceives of his role as primarily one disassociated from

general African opinion although in some cases the two may coincide.

As a result, the European.representatives . will vote solely in the light • .

of what he. conceiy.es to bein the interests of Africans „ On the other

hand» the African representatives from the Northern territories almost

always vote according.to. popular African, opinion which is anti? X. ....

federationist......

; Also, there is an important split between African members of the

Federai Assembly from Southern Rhodesia and those from Northern.

, ^"Grey Eminence or White' Elephant," Central African Examiner, . August 30, 1958. .

^Dvorin, "Emergent Federalism in Central Africa: Problems and - Prospects," op. cit., p. 7. . . •. ' ' V / • • • . ’ 103

Rhodesia and Nyasaland„ * To a cdnslderable degree this is due to the

electoral system. In Southern Rhodesia the two Africans -are elected on ■ '■

.. a commoh voters1 roll which is predominantly a--European voters' roll

since there are too few African, voters to be of any decisive .influence „

Consequently, the European voters return only moderate Africans to

. .the Assembly „ r On the other hand, the African representatives from the two

Northern territories are elected wholly by the African councils represent-'

ing the popular African views which tend to be radical „ There are ......

indications that the African representatives from Southern Rhodesia ■ 11 are becoming increasingly divorced from prevalent African opinion«,

Therefore, the tendency of Southern Rhodesia's African representatives ■

in the Assembly to coincide in voting .pattern with European representa- • 12 ’ . ' tives is not very significant. ■

- Apart from these factors the crisis that, finally disillusioned the

indigenous people and the liberals regarding the effectiveriess =of the

Board occurred when its recommendations about the Constitution Amend­

ment and the Electoral Bills, of 1957 and 1958.respectively.,■ were over­

ruled by Great Britain. • - . , • ■ '

■ i w ■ " ■' .

12Ib id 0 The C onstitiition Amendmen't-.Bill: 1957

This bill had three main purposes: first, to increase the number

of members of the Federal Assembly to. fifty-nine by adding twenty-four

new members of whom six must be Africans; second, to enable the ‘ '•

Federal Assembly to pass'an Electoral-Act for the election of fifty-, •

three of the fifty-nine members (to provide for all except the two .. ;

specially appointed European members charged with special" responsibility

for African interests and the four specially elected members from the two *

Northern territories); third, to provide for the substitution of ordinary

elected members whose race was' not specified for the fifteen

members--twelve Africans .and three Europeans—whose race was

. specified as and when Africans were elected among the ordinary elected

members . The marufold effects of this Bill shall be manifest if we

examine the Electoral Bill.

The Electoral Bill: 1958 ^ . . •

' This Bill provides -for the.election of all elected fortyr-fpur, race

unspecified, and the specially elected eight Africans and one European

1 q ' • ' . 1. Central Africa and the British Parliament: Background to the Constitution Amendment Bill (London: ■ Africa Bureau, 1957) , p. 3„ ' ■ ■- 14 * - . ' • Central Africa and the Franchise: An Examination of the Federal Electoral B ill, on. citS,,, pp. 2-3„ member of the Federal Assembly. ■

The provision for the two voters1 rolls contains different qualifi­

cations for those who want to exercise their right to yotei, Those on the

general roll vote for both group's dffele.ctad members ^ and those on the

. special roll vote for only the eight specially elected members which h

include four Africans and one specially elected European member from

Southern Rhodesia, two African members from Northern Rhodesia and

two African members from Nyasalando = y

The qualifications required to become a registered voter are as

follow s: - ' ' -t;.; ; /ry''. . .j:': -y'; : ^ ; ,

; : (i) at least twenty-one years of age, ' "y-'" - ;

(ii) citizens of Rhodesia and Nyasaland and any Protected - Persons, •' ' . .

, (iii) ' able to speak, read and write and comprehehd in English „

General roll Voters must satisfy one df the following conditions:

(i) Income of h720 per annum, or ownership of property valued ei ,5oo o •

(ii) Income of E480 per annum, or ownership of immovable property valued at E l,000, plus completion of a primary, course of education at a school in the Federation or a scheduled country „

. (iii) Income of E300 per annum or ownership of immovable property valued at E500, plus the possession pf Cambridge Overseas . School Certificate or a prescribed equivalent. (iv) Being a Minister, of a recognized religion who has under- gone certain stipulated courses- of training and periods , of service in the ministry and who follows no other pro­ fession, trade or gainful occupation0 •

' (v) Being a Chief, recognized as such by the respective Governments, and capable of satisfying literacy quali­ fications . ■ ■ ■■ " * •-

Special roll-voters are required to satisfy one of the following coriditipns:

(i) Income bf t 150 per annum, or immovable property valued : V; ' V

(ii) Income of LI20 per annum and attainment of Form II in secondary education, . ' .

The estimate of the number of people eligible for the general and special

voters*.rolls was then given by Mr, J, M, Greenfield, Minister of Law,

during the debate on the second reading of the Electoral Bill in the

Federal Assetnbly, Below are the figures then given for the old 1957

and the new roller -V • X' 107

TABLE 3

TERRITORIAL ELECTORAL ROLLS: 1957 15

Territory Registered Voters

Southern Rhodesia 54,515 including 1,000 Africans Northern Rhodesia 16,177 including 10 Africans Nyasaland 2,309 including 373 colored and Asians but no Africans

TABLE 4

ESTIMATES OF POTENTIAL VOTERS IN 1958 UNDER THE NEW ELECTORAL PROPOSALS 16

Territory General Roll Special Roll

Southern Rhodesia 60,000 including not 29,000 less than 1,000 Africans Northern Rhodesia 20.000 of whom 450 18,000 might be Africans N yasaland 3.000 including 500 7,000 includ­ colored and Asians, ing 1,000 Asians and some 85 Africans and colored persons

Federal Hansard, December 16, 1957, Cols. 1755-6. As quoted in Faith Raven, The Constitution and Race Relations (London: Africa Bureau, 1958), p. 11. ■^Faith Raven, op. cit. , p. 12. The figures in Table 3 proved to be grossly overestimated as was

established at the second Federal elections in 1958 0 The significance

of these figures shall become.clear when.we next discuss the.arguments

. for and against these proposals presented by various organizations• and

• people o , . . ' ■ V "

Arguments For and Against the Bills '

The African Affairs Board prepared detailed reports that included'

several reasons why both the Bills were regarded as differentiating

measures o The,Board felt that there was a great disparity between the

. ■' , ■ ' ", '- ■ ■ ' , European and the African.standards of wealth and education. As a

result, ' " ; ;■ y ;. : 11 u y . : .

the qualifications set in the/Electoral/T Bill for registration as a general voter to elect . • the forty-four Elected members of the Federal House,,, ./would/ permit Europeans, in ' - general, to qualify for the vote, whereas only exceptional Africans /jcould/' do so .... ^

The Board also pointed out the disparity arising in the Control of

electing representatives as a result of the provisions of the Bills,. ^ •

Whereas, Europeans already controlled the election of twenty-six,Elected

members, one specially elected European member and two Africans from -

; Southern Rhodesia while Africans had control of-selecting only four

^"7Central Africa and the Franchise, op. c it., p. 8, African representatives, now, under the new provisions, African's, would still dontinue to control the election of only four African representatives, while Europeans would now control the selection of forty-four Elected members, Onq specially elected European member, and four Africans • , is frOm Southern Rhodesia. . In sum, the Europeans had previously controlled the selection of twenty-nine members, now. they control- forty-nine while

African control remained the- same« Such a disproportionate Increase, the members of the!Board felt, was completely contrary to the spirit of . " the Federal Constitution.'

Their report went on, to say:

In the general the increase in numbers Of the , Federal House by two-thirds the elected Members . . , will number forty-four instead of twenty-six, and . Members charged with special responsibilities towards Africans will, number .fifteen instead of- nine. As the number of Europeans in this latter category remains three' (one for each Territory) , ' • . ‘ the number of Africans is increased from two for each to four for each—a total of twelve. All . African Members from Northern Rhodesia and ' Nyasaland were elected by councils wholly African and designed to represent the African people generally. .These four seats will continue to be filled by election in this manner. The Electoral , : , Bill proposes, however, that the increased mem­ bership should be elected.. .by a general roll- , predominantly European and a special roll which will be predominantly African. . .this Bill provides 110

that European voters on the general roll will • take part In electing ^. . additional African representatives without providing any reciprocal arrangement wherefey the Afficatts on the special roll can take part in the election of the additional elected Members, .and therefore, this departure . , results in differentiation .

;■ Sir John Moffat, then the Chairmen.of the African Affairs Board, seemed to plead that only the review conference should change the electoral system„ At the second reading of the Electoral Bill he said:

In my view this Bill contravenes the bargain made with the three territorial governments.. Her Majesty^s Government in the United . Kingdom and representatives : ' . of Europeans and Africans at the Federation Conference, when this constitution was first agreed upon. I hold that the bargain can only be abrogated when the parties to v ' v, •£vy: it meet again and decide to substitute something . . b e tte r.. . . 20 h. J.v:: ■■

With thede reservations the Board reserved both the Bills for final approval from Great Britain. Before'any decision had been taken by the

Imperial Government, serious debate arose around the proposals both in the Fedefation as well as in England„ d •. :

A writer commented bn. the difficulties which would-ehSue from any decision by the British Parliament: d V

Will the British Government find that the Bill is discriminatory? If it finds no discriminatory clause in the Bill, Africans will lose faith in

% bid., p. 11.

20 : : Ibid., p. 7. . the only safeguard they have in the Federal Constitution, and decide that Africans cannot ; • ■ ^ . eyen trust the ^ prestige . ; .of the Labor Party will then be strengthened . But should the British Government find it dis­ criminatory , it will lose face with the Federal Government. We can only wait and see... •

The proponents of the Bills , in the Federation, argued that the

proposals embodied in the Bills would work toward the achievement of

a non-racial approach to politics and shall allow the Africans to become

.members of the Fedefal Assembly purely and simply on their merits as v': d , / . 22 ; ; people acceptable to the electorate at large „

To this the opponents replied that a truly non-racial approach ,

reguirOd electoral rolls composed so that.candidates, must take account •

of all the racial groups. Also; in the present situation no candidate:

for one of the forty-four seats filled by elected members need to pay

attention to African opinion at all, but all candidates for the eight seats

to be filled by specially eleoted Africans'must seek European supporti

Another argument the proppnents made was that the Electoral Bill

constituted an advance for the Africans since many Africans not previously

: possessed of any power to influence tKe choice of their representatives

; P ’Central African Examiner/August 30 , 1958. .

^ Federal Hansard, June 26’, 1957, Co. 36. As guoted ih Faith Raven / op. c i t . , p . 13. : ; . ' >'/. . ' , '■ - /y--..//. now would have the vote0^ To this the opposition answered that under

the new proposals Africans, instead of having 100 per cent control of

. the election of their members, would have this control reduced by •

approximately 30 percent in Nyasaland and by 50 per cent in Northern • • ' 24 ' ‘ ' - Rhodesia . . In addition, not only will the measure of their control be .

reduced, they argued, but in Nyas aland, for example, only 28 per cent . : ' ■ . ' • • • o c of the population of two-and^a-half million 'will be enfranchised.

This argument was based on the' fact that in an intensive local

study of the Mufulira district, in Northern Rhodesia, it was found that .

of an adult African population of about 12,000 there were only ten

potential, candidates for the general roll.t, r On this basis the whole of •

the general roll for Ngrthem Rhodesia, consisting of about 20,000 voters

would contain only 140 Africans for Mr .‘.Greenfield had estimated that

Africans would be 450. It was also found that the economic qualifications

were so high that "among those who failed to qualify for the General roll- .

^ Central Africa and the Franchise, op. c it., p„ 4.

' : . 24Ib id 0 , p. 5 / v'.::

■■■ 25I^, • . - :'xvv' ^"A. Franchise Check," Central'African Examiner, March 1^ 1958.,• were all teachers „ „ .who did not have sufficient income to go with their"' education standard „ In fact not a single Government employee could qualify—not the chief clerk at the D .C .'s office, or the Court Inter-? pretor, or others who had the Senior Cambridge Gertificat,, but earned 28 less than L25 a month.. „" ■

It was also estimated that only 10,000 -potential voters for the special roll would qualify as against the 18,000 estimated by Mr.

Greenfield.^ . \ .

• The Times, joined the opposition and said of the new proposals in general arid of the voting for the eight African members in, particular:

the African representation /was;? the cardinal point in the Federal Constitution. The British Government could not possibly consent to its diminution in any form „ Although the proportion of Africans in the Assembly ^was/ostensibly maintained, it had to be asked whether the method of election foreshadowed in the new proposals /w as/fair. .There were good points about the proposals „ But the idea that "A" voters, should vote on the "B" roll as well /w as/ 'hnhccb'pthble : It might lead to a preponderance of ; Europeans electing some African members in the Federal Legislature and thereby defeating the sub^Q stance and the spirit of the Federal Constitution. ■

28Ibid 0. , ..

29Ibid.

88The Times (London) ,- June 18, 1957. Thb M ethodist Synod in Lusaka also threw its lot w ith "the opposing v ;fqmes;:an d t ;;:, y .a ::

Carried unanimously a long:resolution»„ .which expressed concern at the racial policy of the : Federal Government. It condemned the Federal ' , " . franchisecasmbt-:me:ei:mg the demands of common - justice; and called upon all Methodists to Iqfcjby . ^ ^ their MiP.s to express their opposition.. . .^

The Central African Examiner ^ sounded :a pessimistic note on the fate of the.

Methodist resolutioh by calling it to be "synonymous with futility" as far

as its effect on the Federal government, was concerned. . 1

Mrfcans were strongly opposed to these proposals, and they attacked '

them bitterly. Mr. Harry’M. Nkumbula, president of the Northern Rhodesia

African National Congress , did not think much of the franchis6; proposals

and disagreed with the assumption that in ten years' time the special

voter will have attained the status of the ordinary voter for the General

roll. Oh the Cdntrary> he believed that "any hopes for the introduction .

. of adult universal franchise of one man one vote in Central Africa had

been etefnally dismissed by.the Colonial Office." This attack was

. - r %"Methodists v. the Franchise," Central African Examiner.. . . February 1, 1958.

^ Ibid. '• '■ ...

^^Central African Examiner, May 10 ^ 1958. . • . , ..... made a,fter ^reat Britain had given its consent to both the Bills „ • The draft order-in~council of the Constitution Amendment Bili was debated in the House: of Oommons in England on 25 November, 1957 , where the decision of the Secretary of State for Commonwealth Relations to ' reject the Board's objections was upheld. Voting was along, party lines--301 Conservative to 245 Labor and Liberal v o tes.^

. The Conservatives supported both the Bills, first , because they did not in fact Worsen the relative position of .Africans politically, and secondly, an enlarged Federal House was essential to Federal adminis- tration. They argued that the Electoral Bill was in fact a liberalizing measure, even if others refused to see it, and that it had nothing to do with the conference on .the political future of the Federation.

The effects of twice overruling the Board Were several. Mr. John

Moffat, Chairman of the Board, resigned from the Board and so did the

Rev. Andrew Doig, a European member specially appointed, to look after

African interests. He took the Britis h Government Is rejection ofthe

'. 34Faith Raven, op. c it., p. 5 0.: . . . . " . ■; , ..

3^Central African Examiner, December 7, 1957. 116

Board's appeals as a great disappointment: ■

In my opinion., further service-on the Board is useless „ I feel we have got past the point of no return, as far as an approach to the real part­ nership is concerned."36 ■ •

; Mr „ Nkumbula stated that Northern Rhodesia was an African country and that Africans would ultimately govern it. He concluded:,

The Africans of Northern Rhodesia make no compromises whatsoever-and shall ask for dis­ memberment (of the Federation) at-the review cdnferenceo . . .In my view of this, the African National Congress of Northern Rhodesia has ^ asked the Africans to boycott the federal election."

The Nyasaland African National Congress, called on Mr. W. M. :

Chirwa and Mr. C. R. Kumbikaho, the Federal M .P.s, to resign their ' 3 8 ’ seats and when they did not obey, expelled them from Congress.

The result of boycotting the second Federal elections, in 1958.was 39 .' that in Northern Rhodesia only 72 ' Africans registered on the special

V,- / 4 0 ■ ■ . • ■ ■' 4 i roll and 41 on the general roll, while in Nyasaland only 13 went

36Ibid., July 5, 1958.' > / . \

Central African Examiner, May 10-, 1958. . Q Q . . ' ' .V'-'-'* .Faith Raven> op. cit. , p. 7.

3^Central African Examiner, September 27, 1958.

40Ibid. against the wishes of the Congress and.Registered on the special roll

/ ■ V , , % ' A Q • ‘ ■" .. • ■. ■ . ,v: ■ ' v ■ while only 5 were on the other rollo In contrast, in Southern ■ ’ ' 43 • ' A A RhodesM;.'&4;2; ;MriQ-^h^;-R©9is 'ter®^ o n .'the'.special and 1 >010 were . . oil the general roll where no Congress boycott was in force. In compar-' iso n 86 ^ 103 out of a total of 88 ,981general voters were Europeans while V out of; a total of 909there were only 130 Europeans, 727 coloreds , 23

: . V - ' _ * , * - , ''’45' ' ’ ■ : ■ ’ ' . * . , V.M.. : As Ians and only 29 Africans on the special roll. These figures clearly - point to the fact that decisiveness in electing most of the representatives to the Federal Assembly lies in the hands of the Europeans. How ever, it

Can be argued that if there were to be no African boycott then perhaps . the indigenous people would have.a larger share of voting power.

Thus, thecretically, the franchise provisions allow all citizens who can qualify as registered voters to elect forty-four representatives while fifteen seats are specifically reserved for representation of

African interests. This would lead us to logically conclude that these proposals are really not discriminatory against the Africans who have

been given special representationo Also, the qualifications required

to become a registered voter are not racial and therefore not discrimi­

natory „ The "qualifications are based upon property, and education?

But it so happens that, the lines are drawn in such a way that almost every European in the Federation is a General roll voter, while very... . few Africans can be; and that though only about ’ • one per cent of. Africans qualify even for Special roll, almost all Special roll voters are African. . Since the ^dJpecial/ vote is weak and the . ./General/ vote powerful, this works out as dis­ criminatory racial representation masquerading • : as ideal’common foil democracy <,' It gives sub­ stance of power to Europeans and consigns an ' , shadow tq-Africans,'.'^^® .

The basic qualification for the General roll voter is an income of

L720 to £300 with certain property and educational qualifications „ This

applies to all the races. The per capita income for the whole Federation’ ' '47 • • • 48 is only MB-50 ,, while the average European earhes above B500 =

Furthermore , in Nyas aland, where 99 per cent of the inhabitants ■ are the

indigenous people, the per capita income is only about LIZ, Therefore,

^ T , R. M. Creighton, The Anatomy of Partnership (London: Faber and Faber, 1960), p, 88, ' *• . . ^George H„ T, Kimble, Tropical Africa: Society and-Polity (New Yorks The Twentieth Century Fund, Inc . , 1960) , p. 462

4 8 to ro M, Creighton, op, cit, ^ p, 90,

^^George H, T, Kimble, op, c it,, p, 461, only a tiny jninority of Africans , even if there were to be ho boycott, cbuld qualify for the more powerful general as well as the less influ­ ential special roll for which minimum financial requirement is £150 or £120 per year. .

Such-factors work in favor of the European citizenry df the

Federation, in choosing representatives for the whole population,

$& §: is::.what -'inakes for a strong and increasingly extreme opposition by Mripans who have now lost all faith.in the African Affairs Board, the Federal government and Great Britain, • ' i

THE FEDERAL CIVIL SERVICE ' - -

The essential elements on which the Federal Civil Service is based, were set forth by a Commission.that was appointed prior to 50 ' • . federation. It recommended'that the Federal Civil Service be primarily, composed, in its formative stages, of territorial officers who voluntarily" accepted Federal terms and conditions of employment . Another recom­ mendation was that the territorial officers who did not wish .to make an

: ®®Creat B ritain> Colonial O ffice, Southern R hodesia, Northern Rhodesia and Hyasaland, Draft Federal Scheme, Report of the Civil • ;• Service Preparatory Commission" (London; Her Majesty^s Stationery Office, 1952), Cmd,, 8673. early decision on.transferring from the Federal Service should, never­ theless, be allowed to gain-experience before they had to arrive at a decision. A five-year period' of secondment from territorial service whs provided begihning from October 23, 1953, the date of the coming = into force of the Federal constitution. Upon the expiry of this five-year period the seconded officers decided whether they desired to accept . permanent Federal appointment , to revert back to territorial service from whence they came or to request the "abolition of office" and retire from publid Service aifbgethero The "abolition of office" terms allowed the civil servant to retire on. a pension, higher than the one he would have received had he ieslghed in the ordinary manner at the same stage in his civil service career. . • - .. .

The territorial civil servants who were in departments or portions _ of departments transferred to Federal jurisdiction were compulsorily seconded to meet ihe heed for experienced staff. These officers were given certain concessions such as the assurance that they will not be transferred without their consent outside the territory in which they were' serving. The compulsorily seconded territorial'officers were allowed-to end their secondment or alternately to remain for another three years' on w

October 23,1935, prior to making a final decision on whether to accept - permanent Federal appointment, to revert to territorial service, or to ■. . - ■ ■ . retire„ As a result, until the end of 1958, the Federal Civil Service

was handicapped by a copsiderable.degree of uncertainty and con­

sequently by unstability „ For , within the' same department or portions

of departments officers administering Federal powers were either permanent

Federal civil servants, or seconded officers planning to revert to the.

territorial service, officers merely "filling out time" tintil they retired

at the conclusion of the secondment period, or officers who were simply

undecided as to their future. Also, while on secondment to the Federal

Service each civil servant continued to be the substantive holder of the

territorial office in which he had served immediately prior to. his second­

ment and continued to enjoy territorial and not Federal conditions of ' • 53 . - • ' service. . Since territorial regulations of service vary widely,, members

of the same, department enjoyed wholly different leave conditions’ and

Salary scales. Of more importance was "the fact thatbecause of the

^Gwehdolen M. Carter and William O. Brown, ed., Transition in Africa: -.Studies in Political Adaptation (Boston University Press, 1958),

P' 7? 52' ; ' ' ' •' • ■ ■ . Ib id . .

Ibid.-, p. 73. ‘ ’ wholly different background, experience and outlook of the seconded personnel it was very difficult to develop an esprit de corps In the

Federal Seryice. '■■■'' . :• ,',l: ; :

The basic difficulty of developing an esprit de corps in the ■ ■

Federal Service lay in the difference in orientation of the territorial civil services resulting chiefly from the contrast between Southern

Rhodesia's "settler 'service" based upoh Central Africa and the over­ seas orientation of many civil Servants in Northern Rhodesia and .

Nyasalando About 50 per cent of the Southern and Northern Rhodesian staff was recruited from United Kingdom while Nyasaland depended upon Great Britain for the bulk of its staff,- The important difference in .

Southern Rhodesian service was that most of its members' homes and life interests were in Central Africa and not in the United Kingdom, while, in contrast< nearly 15.per cent of Northern Rhodesia's and 40 per cent of Nyas aland's civil servants were officers of Her Majesty's

Overseas Civil Service,C onsequently, the prevalent attitude that

These figures were furnished by. the Chief Officer of Northern Rhodesia in a letter dated March 19, 1956, and by the Acting Chief Secretary of Nyasaland in a letter dated February 25, 1956; quoted in Gwendolen M, Garter and William O. Brown, ed ., Ibid. 7:' ;: ' / ' .123

was found was that while the Southem Rhodesian civil servants regarded

their territory iASS their permanent home, a large portion Of oivil servants

in Northern Rhodesia and Nyasaland regarded their stay there,only a

phase in their career as their normal method of promotion was through

transfer to other areas of the world by the Secretary of State for the

Colonies , For this reason. Sir Roy Welensky, the Prime Minister of the

Federation, ’expressed the view that the portions of civir service based :

on Her Majestyrs Overseas Civil Service which had "done grand work

in the territories. but their whole background was wrong for the purpose • •

for which they were there, would eventually be abolished, through

federation,. i; : ■

: By the year 1956 the Federal government had already taken over

60 per cent of the existing territorial services „ Several civil ser-

, yants expressed ..concern at the great s peed and haste with which this

. had been done „ ^ The Southern Rhodesian civil service had to supply

^Southern Rhodesia, 'Debates of the Legislative Assembly, Vol, 33, February 12, 1953, 4129,

■ ’, ,9. See statement of Sir Roy Welensky , Prime Minister of the Federation, Rhodesia Herald, February 13,. 1956„

S&The Central African Post, April 2 , 1954, . the bulk of the 'Federal officers because several seconded officers

from tiie other, two territories refused to be transferred to the capital

of the Federation which is situated in Southern Rhodesia® ' . ..

During the early stages of transition a complex and- an involved .

problem arose regarding the selection of personnel for the Federal

Service. No difficultY was encountered where territorial departments,

were.transferred eh bloc to the Federal jurisdiction, for the territorial-

services retained no remanents of those departments and therefore had

no need for their specialized personnel. However, a dilemma was faced

where only specific portions of territorial departments were transferred

while Federal requirements had to be met. without damaging the remain- ;

v,v: • ••RQ • ing territorial element. In such instances specific officers were , -

requested by the Federal government, but their release was refused by the

territorial service if it was considered to be detrimental to the local

serv ice, •

Transition directly affected those compulsorily seconded officers

who wanted to revert to territorial service but were, unable to do so

because, due to the division of pdwers, their departments had been-trans-

ferred eh bloc to Federal jurisdiction. For example, all postal and

59 1 • . . Gwendolen M„ Carter and William O. Brown, ed ., op, cit„, p.75, t e 1 e -c ommu nic ati onfu net ions were taken over by the Federal authority 1

Consequentlyf a postal offioer could no longer revert to a territorial

service that ho longer existed. How could a man with several years

of specialized training fit into a continuing organization where he. may

have been a "senior" in terms of postal experience but was very "junior

in terms of the specific skills now required? Did he, in reality,

stand a fair chance of promotion in a department where others continued

service and had far greater proficiency in terms of departmental respon-

.siMlities,? a number of seconded civil servants only two :

choices remained, either that of accepting Federal appointment or.of

:retifihg. . . . ,

A crucial, long-range proglem of the Federal Civil Service was .the

role of the African in Federal employment. Northern Rhodesia and.

Ny as aland both had separate European and African civil services with

different pay scales and other conditions i But/ both of them had been

heavily Africanized„ In Nyasaland, African civil servants numbered

9,700 to only 850 European-civil servants, while in Northern Rhodesia,

African teaching service and police plus those in African teaching

service total about 14,000 persons in comparison to about 4,240 European civil servants In Southern Rhodesia^ on the other hand, there were only 6,613 Africans in territorial employment compared to abCut 5v7 70 European civil servants Furthermore, there were no

Southern Rhodesian African "civil servants," as there were in the other two territories , since the Southern Rhodesian Public Services Act excluded Afripans from the Civil Service; therefore, Africans were terihed as'"governmental employees," .

The question that now arises is one regarding the particular nature of the policy that the Federal Cdvernment has followed towards its employees, That it has not followed the Southern Rhodesian pattern is now evident. For example, in post offices Africans have been trained to take oyer- jobs which in post offices from the Cape to the Zambezi,, . , ... 64 had always been done by Europeans "only „ Still " more remarkable is the transition that is taking place with the consent of the powerful post office trade union—the Federal Post and Telecommunication As so-

' ' ' " " , , elation—to which, effectively, all Europeans belong„" . i-As Sir Roy

61Ibid„, Po 770 ,

■ “w. : : ■.: ; ' 63Ibido - ... 64iij^jrican ]^ove Up jn pest O ffices," Central African Examiner, March 15> 1958= . . Welensky said: ■

Wherever possible the Federal Government has - opened up channels of advancement to all qualified people o But it has: not lowered the standards ordi­ narily required of a civilized community nor will it , - . do so while I am Prime Minister. Partnership does not mean the lowering of standards „ It means a men can hayeiwhat heearns ■ • .

GENERAL OBSERVATIONS

The problems of the division of powers arose from a general •, <

division of African and non-African functions. So far these problems

have been concerned with African labor> however , further difficulties

may arise in other fields like African higher education„ It will be

recalled that African agriculture is a territorial matter but the Federal

government is responsible for higher education including agricultural .

•instruction <, Such a fractioning of a certain field between two authorities

can produce peculiar problems „ ..

However, in the Central African context, it seems that such problems

are inherent in nature of the Federation, and its peculiar division of powers „

: TMiAs manifest in the different status of the three components. G reat.

Britain agreed to federation mainly because African affairs would remain

a territorial matter„ Therefore, the division of powers had to suit the

The Times (London), June 4, 1958^. . • , : " ': '' \ 128 prerequisite of preserving the protectorate status of the two protectorates

;hy; letting them handle the broad lines of policy regarding African affairs>

In view of this it was inevitable that under the auspices of the Federation ;

problems would arise following the commingling of European and African

The working of the Federation was further hampered, for sometime,

by uncertainties and the problems arising from the transferrence of

various administrative ftihcfions from the territorial to the federal level 0 :

Uncertainty arose from the five year period of optional Secondment. Some

empldyees could not transfer to the territorial departments since their

departments were transferred en bloc to the federal jurisdiction „ For them

the only alternative Was to either retire or to keep working in the Federal

Givil Service« • ; ■’

. The Federal Civil Service was also handicapped since it could not

develop an eSprit de corps because of the different Orientati6ns of its : ' •

staff o Most of its employees who came from Great Britain regarded the

Federation as a temporary phaSe 6f their career „ Consequently , they ;

: regarded the Federation as their temporary home and not a place of their per­

manent in te re s ts . . -f; /■ '' ' 'vv-'v-'l v

Apart from these difficulties one important and frultfni result was

achieved in the field of personnel recruitment „ The Federal government ; ; - ' '^y: , v -V- v-v;. , 129

f e>llbw6d a .son-racial policy in reoruitrnent and; in this attitude it

differed from Southern Rhodesia „ Furthermore, the Federation tended ,

- to integrate cbmmunloatien and commerce, facilities for the whole area.

The problem that needs serious attention is'the one concerned with

working of the African Affairs Board „ The Board had been constituted to

safeguard African interests by providing a check on any of the discrimi- ,

natory policies of the Federation 6 Stich ah opportunity came during the

enactment of the Constitution Amendment and the Electoral Bills» ' The

Board detailed its arguments against the Bills and furthered them to.

Great Britain . Both the Bills became laws when Britain gave its approval.

The effect of overruling the Board has been that the indigenous people do

not regard the Board as an effective device. European liberal opinion sup­

ports this view . . : y ::: - ' : ■’ ,

. The indigenous people feel that the only way of preserving their

interests is through uniyersal franchise „ ; .Others feel that Only through

self-government outside the Federation would they be able to have any .

effective s ay in governmental policie s . The strength and the *extent of

indigenous opposition and different views of Europeans can be gleaned

. through a . study of their parties and politicsT organizations which is the '.

subject of the next chapter . The study of parties and political organiza­

tions will also reveal the implications for the future state of the Federation CHAPTER V,

POLITICAL PARTIES AND ORGANIZATIONS " ■'

A factor, pf primary importBftoe in the organization of a federal

government which cannot be assured or provided for in a constitution is .

a godd party system0 A good party system isone in which sectional

differences of interest and opinipn have their opportunity and their due .

weight but where also ah integrated organization can be created capable

, of. effective political action on a nation wide* scale, These two obj ects

are hot easy to achieve. Sectional differences always threaten to break

up parties and paralyze legislative and executive action. Yet parties

bring strength and unity in the working of a federal system. That a two-

party system is desirable in a federal system is undoubted, 'but its cre­

ation ih a newly formed state is perhaps a matter of time; and even ’then

such a.system may not be achieved. ,

,Ko G. Wheare, op. cit., p. 86.

2 Ibid.

I b id ., p. O-"- ' ''

130 . The party system in Central Africa is anything but the ideal two- party systemo Only the Dpminion Party t the opposition party, and the . governing United Federal Party are in the Federal Assembly; The Federa­ tion is characterized by a state of flux in which new parties are born overnight, others merge while some just disappear in the face of constant loss pf support„ Furthermore, the parties lack comprehensive strategy of integrating a s. Well as allowing the sectional differences to have their pppprtunity and due Weight, within a few party organizations .only. As a result any variance in opinion becomes the source of a new party.

. Another .characteristic pf the Central. African parties is that they are overwhelmingly racial in character. Sir Godfrey Huggins, the first

Prime Minister of the Federation urged that "color parties" should be avoided and maintained that> constitutionally, a good share of partici- pation in governmental affairs had been given to the African people most of Whom were backWard and their advance was assured provided they did not form.an opposition based on color. "If bn the other hand," he said,

“bad Counsel prevails and they (Africans) merely form a /color/ party in', the House , .the European will resist.; with all his ability and resources,

5Africa Digest, June, 1954. •. any further political advance.," However, the existing political parties

which have any voice in governmental affairs are predominantly

European, run with only a few African members „ • • .■

Gofnmenting editorially one newspaper said of the danger of racial,

: politics ; . , , ' ' ,

y „ „. .'Evenif-the orie-man-one-vote system were retained, the preponderance of Africans on the electoral rolls would not throw the political system out of. gear provided 1 right, left and centre" politics, and hot racial politics were pur­ sued« It is hot who has the vote that matters, but how • ■ the vote is used. Unfortunately the danger.of-the African - , pursuing racial polities is very real—inevitable / if he -., feels that the European is putting barriers against his ecdnomic advancement. ; A wide range of semi-skilled ^ - occupations , many of which the African could readily / undertake, is at present reserved exclusively for Europeans. • . Ffesh Etiropean blood is imported when heeded to preserve .■ this state of affairs „ At the same time it is freely y acknowledged that the African must not be dehied access to higher-paid j obs when he has shown his ability to ■' undertake them. '- Practice ahd;principlW are sadly at variance here..; „To leave this issue unresolved is to ' invite racial hostilities at some later date—both industrially and politically .7 r .

Many.have expressed concern over the lack of any Strong multi­

racial party. One leading weekly paper said, "For the pdlitical party

system to work well, it is important to bring Africans into it.. .the ideal

would be. „ .the emergence of multi-racial parties, with large followings

6ibkL . .

^Rhodesia H erald, June 28 j 1954 of black and white* " ^ The Federal Party whieh is now the governing : party and known as the United Federal Party had an African branch in

Harari, but that branch became defunct because its members felt that they had been, side-stepped when their nomineef Mr. S. J. T.

Samakange> for: the federal election in 1953, was refused by the Central

Executlye of the party which Sponsored Mr, J„ Z* Savanhu.

At one time the United Rhodesia Party t now no longer in existence,, boasted of several African branches but in spite of active advertisement • it could never attract a Targe following „ . •

There are several reasons which make Africans reluctant to join ' the existing politiqal parties, Che reason is the "half-hearted support given by most Africans to inter-racial organizations. The African members of the United Rhodesia Party became embarassed whenever their

European representatives in Parliament introduced a bill which was regarded, by Africans, as discriminatory-, , '

The United Federal Party, at present the governing party, lost its opportunity of winning substantial African support by introducing and sup­ porting the Constitution Amendment and the Electoral Bills of 1957 and

O ' ' V- . : ■ • . :■ ■ . , ' - Central African Examiner, June 20, 1959

10Ibid, 1958 respectively, which "every responsible and reasenable African

regards as a swindle . " ■ ■ . .

The Dominion Partythe oppositioh party, on the other hand, does

not invite Mrican membership but gets more support because it believes

■that all the African representatives must be elected by . Africans'them- '

. selves'who now are elected on predominantly European rolls in the Federa-

. ■ - The pursuance of multi-racial politics is further'hindered by the.

extreme attitude of some African leaders regarding the Federation „ Mr „

Harry Nkumbula, the president of the Ntirthern Rhodesian African Gohgress

and a member of the NQrtherh-Rhodesian Legislative Council recently

declared that "to accept the concept of a multi-racial government in an

. African country is to accept direct betrayal of African aspirations for self-

government and independence „" Later he qualified this statement by

maintaining that only Northern Rhodesian Africans did not accept- the idea

of a multi-racial government. ■ . ■. ' ■■ 135. '

Another internationally known African leader, Dr„ Hastings Banda, president of the Nyasaland African Congress, which is now known as the

Malawi.Congress Party, said,; ''If the British Government is stupid enough to keep my country in the stupid Federation they will have to use Prussian, • or ■ should I s ay Rhodesian j ackboots and ’ s'dldiers 4" When Mr,

Machiillan, the British Prime Minister, visited the Federation the Malawi ■

Congress stagAd a hostile deriionstfation to greet him. Young members carried batinefs saying, "Our goal is s elf-government n ow " and " Better '■ ' V ' . ■ "I C ' to be dead than federation o' ' . .

There are , of course , moderate people of both races in the Federation, but they are, in the mein> either government servants or solitary wanderers in the political arena o Among the Africans, a. common belief about them is that: ■ ' ' - ' ; .

for tea and whiskey in white men's houses they ; have betrayed their p e o p le . .-.no moderate has ever achieved anything—it takes extremists like Cromwell and Mrs. Pankhurst to gain democracy.1®

1 ^The Rhodes la Herald, October 4,. 1960 „ ' . . .

15The Times , January 26, 1960 „

1®Dr0 Hastings Banda made the statement during a speech reported in the Central African Examiner, January 3, 1959. . "• ■ ■ ■ •• •• . ' . - • • ' 'V 136

AFRICAN.: P OLITIC AL.ORGAMIZ ATIONS

The African Congress, the prevalent form of indigenous political •

organizations, speaks for the numerical, though disfranchised'majority„

The Congress is a. mass organization that claims, and receives the tacit

• support of the vast maj ority of Africans The leaders , who display

charismatic qualities, canalize the rnass allegiance of. Congress members

for particular purposes. Any African opposition to the Congress is

regarded as treasoni' African, parambuntcy is the dominating ideal of ’

Congress' activity, which1 carries the corollaries of opposition to

. Federation and racial discrimination. It is open to any local leader to

interpret the, principle as he thinks fit.

\ The main techniques developed by the Congress for a definable

objective are the boycott and the refusal to pay taxes. One of the main ' •

tasks of the Federal Assembly during its first sitting, in 1953, was the

discussion of the Income Tax Bill. This bill invited some interesting

responses from the Africans of the twolnorthern territories. Until fed­

eration, only Africans in Southern Rhodesia were subject to income tax.

The Federal Income Tax, Bill made liable-Africans in the other territories

also. At the committee stage of the bill Mr. D. L. Yamba, an African •■

M.P.’ from Northern Rhodesia proposed an.amendment exempting Africans ;

from payment of income taxi He and other African-members opposed the imposition Of this tax on the grounds of-"no taxation without repre- •

sentation." Mr. YamSa fecefyed.support from two European M.P.'s,

who said that it was an' anoieht faeet of British political life that there

was no payment of tax without representation. Although Africans were

represented moderately, the European M.P.s felt that representation

was indistinguishably bound up with the franchise and argued that it

would not be unreasonable to include a clause in the bill to say that ,

"Africans shall not be required to pay income tax uniess and until their

names appear on the ydters'. roll." . Also, following a meeting spon- r sored by the African-Natioftal Congress , a telegram was sent to Premier

Sir Godfrey Huggins saying:

We Africans of Nyas aland reject any payment of income tax until such time that we have attained • ' 1 self-government. 0 .and when there shall be no discrimination ( - 19

There is another weapon, which is used to enforce its claims as the

exclusive organ of African opinion. This is character assassination of

those who espouse moderate views and their independence from Congress

1 ^Africa Digest, June, 1954„

:iW d. : .

^^African Weekly , March 10, 1954. '' ' ■ - - ■ Of) .. It easily degenerates into personal violence'. In Nyasaland, for example, Rev. A. D. Kayira resigned from the Legislative Council after • his house was burnt down,? and when some African members like Mr,

C hileshej oihed the new multi-racial Constitution Party formed in 1957, . the Northern Rhodesian Afrigan Gpngress immediately asked him to resign his seat ih the Council, while the Nyasaland African Congress expelled from its organization Mr, W, M,'Chirwa and Mr, Kumbikano who were federal M ,P ,s , Mr, Chiles he1 s own evaluation of his - political future was: . ’ . • . .

• A moderate hasn't got a chance. But I don't mind ‘ . ' : ■ if I lose out as long as I do what,I believe to be right , I' ye been called a European stooge and my ■ life has been threatened. In the eyes of the Congres.s., anyone who associates with whites is, a traitor, ,t,can- . .not accept this because I believe there is room for both races here, - There have been.and-still are many injustices to the black man and these must be rem edied. But extremism is not the way,,, , ^

^"How Congress Inspires Loyalty,11 Central African Examiner, December 21, 1957 „ ■

^ 1 Africa Digest, December, 1959, : • . . . -

Firbank, "Who will Join the New Party," Central African Examiner, November 9, 1957. , ;

Letter from Mr, Smith Hemps tone, Jr,, SH-69, Institute of World Affairs, New York, February 15, 1958, p. ;6>; , : ■ ■ . Such intolerance on the part of the Northern Rhodesian Mriqan

Congress eventually led to a rift in the united front it had been able

to hiaititain„ : - t- J, /

Northern Rhodesian African Congress . ’ . '

.. The visible signs of the. split in the Northern Rhodesian African

Congress came in 1958 with the dissatisfaction over the leadership of

Mr» Harry Nkumbula, in the Eastern and Southern Provinces of the \

.protectorate, when a number of junior Congress officials on the Copperbelt begah seeking office in the African Mineworkers' Union„ This led the

Union president, Mr. ICatilungu, to accuse Congress of attempting to

"take over the Union," which resulted in a split between him and Mr.

Nkumbula.24

At the same time Mr. Nkumbula's assistant, Mr. Kenneth Kaunda,

received strong backing from Africans in Lusaka and from Mr. Elias

Mtepuka, editor of The African Times, a short lived but a widely circulated

and an influential African tabloid newspaper published in Lusaka.^

Nkumbula was accused of going on a joy ride to Britain at Congress's • .

"Nkumbula meets Kaunda1 s Challenge," Central African Examiner, November 8, 1958. • ■ . . , . . 1 4 0 expense because he neither called Colonial Offiqb near spoke to any of its

officialso Nkumbula, while-admitting this, claimed that it was all due td

a misunderstandingo Meanwhile Kaunda. had'bee,n sent to Tanganyika,

' also at •Congress' expense to attend a ten-day conference of the Inter-

national Youth League „ While in Dar-es-Salaam his, chronic-lung com-

: plaint became worse and a doctor advised him to go to India for specialist

treatmentHis trip was financed by -labor unions of Tanganyika, ■ but

; Mr. Sfombula maintained his ignorance of the source of funds, and accused.

Kaunda of neglecting to communicate with him regarding his trip to India „

Mr; Kaunda was also accused of visiting certain other places behind the

Iron Curtain,„ Kaunda's response to all these accusations was that he had.

. kept in communication with the Congress about the trip „ However,

Nkumbula, asserted that Mr„ Kaunda had kept in touch with only those who

had been plotting to overthrow him. ^ A few months later after the split

had occurred Mr „ Nkumbula enumerated the real reasons behind-.the rifti

between him and Kaunda which were: " „ „ .personal ambition. Kaunda

was misguided by left-wingers "in Britain and by.his friends in Congress • •

: circles . They told him that I had had my time and that he should resume

presidency of Congress. ...Kaurida joined hands with Dr. Banda in an

26Ibid. - 07 9.ttempt to repiove me from the international political scene.

Immediately after the split, Kaunda and his followers announced the formation of the Zambia Congress Party which was banned the fol­ lowing year in 1959 when the territorial government became.convinced that the Party leaders wanted to initiate widespread, violence and' .. - terrorism throughout the country. ^ _ ■ '*

The Northern Rhodesian Government came to this conclusion after a tribunal had issued a report on the activities of both the Nyasaland

African and the Zambia Congresses,^® The report stated that both the

Congresses were subversive organizations committed to a policy of ' violence in achieving their objectives and that the members of both the organizations had set up.policies to excite disaffection toward the con-

. stitution; to encourage disobedience and hostility to the Taws and lawful • authority; to excite racial hostility .and tp Intimidate people to join their organizations by threats of boycotting business and threats to life "and to .

^ Central African Examiner, June 20; 1959, , ■

OO The Times (London), August 8, 1959, . ' '

^®The Tribunal consisted of the Acting Chief Justice of Southern Rhodesia, Mr, T. W, Beadle, as president, with-the senior Provincial- Native Commissioner, Mr, S„ C„ Parker and the senior-magistrate of the Colony, Mr. F. F. Roberts. The report is' summarized in Africa Digest,~ November, 1959, . - ' . • Infiltrate into and obtain control of other African organizations .

United National Independence Party. :■

Subsequently, after spending nine months in jail, Mr. ICaunda

organized the United National Independence Party, in 1959,. .which seeks

to break up the Federation by lawful means, and if that fails, by taking

the matter to the United Nations „ It has also pledged to get self- .

government for Northern Rhodesia „ To carry out these demands it agreed to take united action on the issue of secession by joining forces with its old parent organization the Northern Rhodesia African Congres s to organize a territory-wide petition aiming to get 500,000 signatures asking for secession and a new constitution for Northern Rhodesia „

The Nyasaland African Congress . '' t 'f v;

• The policy of the Nyasaland. African Congress which was.formed right after federation was roughly the same as tM t of the Northern

Rhodesia Congress „ It is now knowri as. the Malawi Congress, led by

Dr. Hastings Banda . The Qohgress aims to obtain independence for

Nyasaland outside the Federation by uniting all different African tribal - as well as other organizations to present1 on# African policy to the British

^ Federation Newsletter, November 6, 1959.

^ 1 Africa Digest, April, I960 . - Government and pressure it to agree to it's demands of self-government „

It is also pledged to work for racial cooperation and to press for all land to be restored to. the original .owners, the indigenous, people. The Gon-

gress also midb demands for a compulsory education in all African ■ primary schools „ . '' '

Malawi Congress

.The Malawi Congress was born after a split occurred, right before the second Federal elections held in November 1958, in the Nyasaland

African Congress. The two small splintered groups that broke away from the main body of the .Congress were headed by Mr, T„ D„ T0 Banda and

Mr, W0 M, Chirwa both of whom later joined to.form the Congress

Liberation Party which believes in ties with the Federation, It lost most of its support to the most popular leader. Dr„ Hastings Banda, even in . . ■’ ■ * . 2 those parts that were supposed to be the strongholds of T, D. T, Banda „1

Perhaps this loss of support, led the Congress Liberation Party to declare its aim to federate with Tanganyika and Ncrthern Rhodesia a©d thus to

32"The Fall of Mr, Chirwa, " Central,African. Examiner, October 25, 1958, : ' / v ; -■ t, 3 3 secede from the present Central African Federationo

This means that Mr. -T. D..T. Banda and Dr. Hastings Banda, leader

of the Malawi Congress x are now agreed upon a common policy of

Africa Digest, February> 1961 „ , Mr. Chirwa also submitted an affidavit to Lord Perth,,Ministeriof State for. the Colonies in which he put. forward a six-point program as follows:

1. The break up of the Federation. . . '

2. Immediate self-government for Nyasaland with safeguards.'' for minority groups „ .

. . 3 . A majority of Africans in the Nyasaland Legislative Council on the basis: thirty-two Africans, six "Non-Africans" and two ex-officio members, the Financial Secretary and the •' Attorney-General. The Cabinet to have six Africans and two ex-officio members.

4. Immediatereinforcement of deposed chiefs.

5 . Promotion, on merit, for Africans with a special training center to be set up.

6. A promise that Non-African agriculture and police force Will not be federalized and that Federation will not get Dominion Status.

7 . More British Government funds for educational and economic development, and allocations of technical training bursaries overseas for prospective candidates for senior .. Civil Service posts o ’ •

The foregoing details were reported in Rhodesia Herald, March.20, 1959i • ' . \ - / '■ - ...■ - . / " OA . . • - ' ■ - . ■ ' , ■ ■ '■ ... - ■ ' ' secession from the Federation. ,

, ; The break between Mr „ Chirwa and Dr „ Banda came about due to

sharp differences oven policy. Mr-, Ghirwa, a'lripderate, was, accused of

trying to get independence for Nyasaland within the Federation while Dr.

Banda demanded a complete break. Both the leaders sharply differed on ; -

African policy tdvzard Indians. Mr. Chirwa was in favor of recdgnizing ' the position of Indians im order to muster, ,Mr.. Nehru1 s support for African

national aspirations. On this issue Dr. Banda was alleged to have shown inconsistency by ranging bitter attacks on the Indians as ruthless com- ' merciaf exploiters of the African to a conciliatory line in which his only . reservation was that they should be allowed representation proportionate to their number > with their economic security guaranteed. y 9 The general %.

impression was that Dr. -Banda would'be delighted to get rid Of the Indians .

^ D r. Banda, said,, on his return from Britain and America that Mr. Julius Nyerere , the leader of Tanganyika, and he were in full agreement about their plans, for a Federation of Nyasaland, Tanganyika, Belgian Congo Uganda and Northern Rhodesia; He also said- "Once Nyasaland is free I will be only too prepared to. play second fiddle to any other African ■ leader o The first thing we must do is get out of this Federation." ; Rhodesia Herald, May 11, i960. . - ' ^ ';

^ " Parity PlanS -^and the Asian Split /" Central African Examiner, December 6, 1958.: ‘ . if he could, and this did not give much confidence to the Europeans as they felt that they would be the nextto.,gd„• ; g ::'v

. The violent tactics employed by the Malawi Congrehs to gain com­ plete African support came under direct and critical scrutiny of the •

Nyasaland government„ It was found that 187 cases of intimidation had • been reported to the police between January 1 and October; 31, 196.0.

During, the same period 84 cases led to conviction and 24. were acquitted, • ’ ‘ ‘ ' 3 8 nineteen were pending and 12 were still under investigation. In all,

117 were co nvicted . ^ ^ . , ' '

; Six British M .P.s touring the Federation as guests of the Federal

Government sent a message to.the Colonial Secretary saying.that they were ■ in ‘ '''•■• gravely disturbed at intimidation in Nyasaland. • Major Patrick Wall, . • a. Conservative M.P. who was one of the group which visited Nyasaland .

f “Ibid <

.f 7"Intimidation, Violence and Arrests,11 Africa Digest, February, 1961

3 8 lbid.

404 u Ibid. 147

wrote under the title !'Violence Pays in-Nyasaland" :

One of,the main causes of trouble is the growing population and growing unemployment o Malawi is - organizing both youth and women „ In many places' , the Youth League has virtually taken over the admin;- , ’ , i strati on of the country—they, are drilled and are trained in crowd control, they control Malawi political . . meetings and-try to break, up those of their opponents What is clear is that thousands have paid their 2 shilling contribution and expect their concept of free­ dom in return, 'They,are already getting restless at v ' • the delay, the pressure on Malawi leaders is increas- .. , ing and more extreme members of the Youth League • ' are getting restlessY., one wonders whether the grow-..- ing disrespect for law, particularly among the young, . will not have grave consequences The final solution must be both, political and economic „ Nyas aland can only be kept inside the present Federation by force, , but she is. already looking towards Tanganyika, and an association of the present Federation with the four - countries of East Africa makes political and economic sense.. . , . . ' '

. Southern Rhodesian African Congress '

, The Southern Rhodesian African National Qongress which was formed

in 1957 differed from the other Congresses by the fact that it was for

Federation and aimed to bring, together all people ifrespective of color, race

6r creed and declared to strive relentlessly"to achieve freedom for all the

under privileged by serving as- the political vanguard for removing all forms

of oppressions It also pledged to achieve these aims through constitutional

^ 1 Daily Telegraph, Dec ember 14, 1960 „ methods and to work with ' National Democratic and Socialist movements ",

in Africa and other continents to abolish,imperialism, colonialism,

racialism, tribalism and all forms of oppression. It also called for uni­ versal suffrages, the 'end of the Land Apportionment Act and of the Native

Affairs Department. It disclaimed, any intentions of driving Europeans

awa^.from the Federation.„ . , ■ „ . •

' The foregoing statement of principles lead to the logical assumption that the Congress would tolefate other political parties, especially those with sitnilar;aims and policies; however, that has not been the case. When the liberal Central Africa Party, predominantly run by Europeans, formed an African branch in the Harari African township in Salisbury, Mr. J. R. D„

Chikerema, acting president of the Southern Rhodesian African Congress, • -

said: . ■ ■ . '

Congress has nothing to fear from an African branch of the C.A.P. We will, however, watch . '• \ \ them carefully, not because they have any . influence among the Africans, but because they,are ' • ■ political prostitutes, who must be watched and con­ demned. I am certain that the-C.A.P. will bury itself in a few years' time and the cause of its • . , . death will be the fear the Europeans have for parties or individuals that advocate fast advancement for ' ; Africans .42

‘"Rhodesia Herald, February 20, 1959, 149 National Democratic Party

European opinion was against Congress for it was believed that

Communism ‘was at the back of its platform and its activities, but ho ■

Clear evidence: was there to .show Moscow's .influence. In 1959 the

Congress was legally banned and its place was taken over by the •

National Democratic Party led by.Mr. Joshua Nkomo who was the leader _

of the Congress , Ne stayed in exile in England .and directed the activities

of his new party from there.. This party demands one-man-one -vote and

it has pledged itself to create .a non-racial society in Southern Rhodesia.

It rejected the concept of multi-racialism because it divided- people into two irreconcilable nations living in one state.

Speaking of the concept of one-man-one-vote, Mr. H. F.

bppenheimer, Chairman of Rhodesian Anglo-American Limited/ said: •

It is a great misfortune that the. slogan “one-man- , - t one-vote' should have taken such a hold on liberal ■ opinion. Far from being a guarantee .of democracy, experience suggests. strongly that, in present con- . ditions , in Africa / it is a guarantee that there will not be a democracy... The real hope in a multi-racial country such as the Federation is to stick as firmly as possible to the principle of individual merit, which• implies that; anyone irrespective of race who has certain reasonable educational or property qualifications must be . entitled to vote on a common roll. We must accept that . this means a 'V^ite political majority now and a Black , political majority in the future. ' Such a system could

43"N. D. p. Leadership," Africa Digest, December, 1960. ISO

only be acdeptaMe if there were' effective guarantees against discrimination on racial grounds either in • ■ theory ,Or in fact, by the ’Whites now or by the Blacks , in the future..» .Manypeople believe that whatever the theoretical merits, of this line of thought maybe, • it is of ho practical use because, it comes up against the ‘irresistible force' of African,nationalism. Whether African nationalism is really irresistible in a multi-racial country has, however, yet to be decidedi. Moreover, the events in the Congo have shown that an uncritical acceptance of the demands of African leaders, ,■ even if they have wide popular support, can amount to a gross betrayal of the interests of the African masses... «44 ' ' • . . .

General Observations • ' /

Thus all African political organizations with the exception of a few

are agreed upon secession and self-government with universal suffrage^

now. Among the varied techniques used to translate their pledges into •

practice are the boycott,^petitioning, intimidation, and violence towards ■

moderate ahd independent:Africans. To this extent:, then> the Congress .

. does not serve to integrate the yieWs of either the Europeans or the dif­ ferent. opinions of moderate leaders. However, it has been able to build

firm pbpular African support and thereby it has acted as the strong uniting

force for African nationalism.' Europeans believe that such popular organ­

izations tend to be irresponsible and more.or less subversive. As one.

^ The Times (London), November 17, 1S360. author puts it: "Irresponsibility inevitably follows the barring of most

. ayenues to the exercise of responsible authority, and majorities are apt

to.be subvefsive toward.governments not based on their consent or . ;

responsive to their will „" ■

Moderate Africans, unable to muster popular support ; have not

formed s eparate parties and several, therefore ■, are members of European

P arties,

' EUROPEAN POLITICAL ORGANIZATIONS . . •

. It should be made Clear that most of European political parties have

African members, but they.are so few ift number, that it is quite correct

to call them European parties. These parties represent the views that have,'

voice and: influence in the Federal Assembly. . ’

United Federal Party

: The United Federal Party-which has 46 seats as ageinst the 8 seats

for the,opposition Dominion.Party, which previously had held only 4 of the

30 seats in the Federal Assembly, is the governing party. Historically , the

United Federal Party grew out ctf a merger, in L957, df^^ a small wing of the

old Utiited Rhodesia Party then led by the liberal Mr. Garfield Todd, and

^Thomas R„ Adam, o.p. cit„, p. 43, the Federal Party which formed the first government of the Federation „

The United Federal Party:1 s avowed policy is to build, a strong and a. pros - . perohs stete which will remain a Commonwealth bastion in Central

■Mrica, imbued With the British traditions of justice, freedom and loyalty J tp the.Crown; to ensure that the Federal territorial governments are retained for, all time in the hands, of civilized and responsible people „ It also aims to achieye Dominion Status, for the Federation in the shortest possible time and with this end in view, to maintain Southern Rhodesia's' presdnt status and rights within the Federation and to insist upon removal / of constitutionai reservations affecting Southern Rhodesia. It has also ' pledged to press for the establishment of systems of responsible govern- • ment in Northern Rhodesia and Nyasaland free from control by Great

Britain. : ,,

The party fully supported and. initiated the Federal Electoral and the-.

Constitution Amendment. Bills and thereby incurred great suspicion-from the Africans. Speaking-of the franchise proposals, Sir Roy Welensky.,tTthe leader of the party said: \

,. .. Even though we have introduced a qualitative franchise . : . for the Federation, which I frankly admit is demanding the individual's ability to exercise responsibility in the political field, I have no. doubt at all that the coming yeavs will see increased African participation in politics, and this i welcome.*®

The party recognizes the fact that democracy will emerge only in time in Oentral Africa through a gradual approach „ This is the view which is strongly resented by Africans who want universal suffragec and self- government now. 1 , ■ , , ...

Regarding the secessionist policy of the African Congresses of the two Northern territories, Mr. Welensky said:

It would be a tragedy for Nyasaland to leave the Federation, and there is.no reason why she should . . not progress constitutionally within the federal - ' • framework. But Nyasaland needed money-—a need , which was now costing the Federal Government about M million a year. Constant reiteration of . . .. . threats of secession would not encourage investment,' ' which, if made, would produce the revenue required ' - • for the education that would enable the Africans to improve their living'standards i . . .If Nyasaland seceded, Britain must carry the burden.

Dominion Party .... v - 'v-,;;. ■>/ '

The Dominion Party, the official opposition party, arose from the old

Confederate Party and now includes its membefs and most of the opposing. elements to the United Federal Party „ It is predominantly a Southern "

Rhodesian Party with little support in Northern Rhodesla and hone in

^^Federation Newsletter/ September 11, 1959.

j?aat Africa and Rhodesia , July 23 , 1959. in Nyasaland. It controls altogether 9 seats in the Federal Assembly one of which is membered by an Independent supported by the Dominion Party „

This party supports a Central'African Alliance which would com- *.- prise fhe Dominion of Rhodesia which would include the two Rhodesias under European leadership, and the Protectorates of Nyasaland and

BarotS.ela.nd under a High Commission appointed by the British Government.

The north-eastern portion of Northern Rhodesia would be a black, satellite to be administered jointly by the Dominion of Rhodesia and the United

Kingdom„ •' -

The plan received quick criticism by the..African Congresses and they • issued statements to the effect that any division of Northern Rhodesia was unacceptable to all Africans, Criticism of the plan came from Sir Roy *

Welensky also who said: "I was not elected as Prime Minister'of our country in order to preside over the dissolution of the Federation and I have no intention of ever doing so," Racial problems, he felt, would:

certainly not be solved by calling one area White—in fact it would not be White because it would still have oyer three million Africans in it—and by calling that area a Dominion? ■ then by calling the other areas Black Protectorates,,, The Protectorates would be condemned to a low, " standard of living , whereas the very crux of the

48 " D o m i n i o n Party Plan," Africa Digest, M arch-A pril1959, • problem of the entire African continent is the urgent need to raise, standards of living, which if you succeed in doing so could only all races-, Blacjc and White.49

The Dominion Party feels that it is a folly to apply a policy of part­ nership when:the gap of living standards', between Europeans and Africans is still great; such a policy should be applied only when the living stan- ■ ' 50’ ' ■ . dards:become nearer equal„ . However, the party recognizes the fact that :the African is advancing and that he will reach economic equality

With the European in the futureFor the. transitional period of African advancement the party proposed to introduce a civilization test.for the franchise which would mean that, in addition to’the usual economic and educational qualifications for the vote/ the applicant would also be called upon, at the discretion of a responsible official, to provide proof of his 5 1 ' • ■ '- liylng in a civilized manner for .ten years „ The test would be applicable to all races alike» ' ''

: ^Qibido - - • • '

; 5Ogee the statement by Mr. Guy Van Eden, chairman of the' Northern Rhodesian Branch of the Dominion Party in Central African Examiner, February 1,. 1958, . . , ..

5libido, also see "The Shameful Test," Central African Examiner, October 26, 1957. Central Africa Party

The Central Africa Party/ born in L959, . was fprmed by a merger of the remaining pert of the United Rhodesia Party , the two-year-old liberal

Constitution Party which had been formed by Di„ Alexander Scott, and by

Sir John Moffat who joined it after resigning from the African Affairs

Board When the Constitution Amendment and the Electoral Bills, termed as discriminatory by the Board, were passed.by the United Kingdom„

The party believes that the objective of the Federal government should be to remove from each race,the fear that the other might dominate . . , ' ‘ ■ : . " V. CO ' ■ ■ " " " : > , . , for its own racial benefit„ , Until this objective can be achieved, a period of transition remains, during, which special'arrangements in the machinery of the government must be; made to ensure the. prevention of racial domination.^ The prosperity and the survival of the Federation depended upon the people's confidence in it. Such confidence could be ’ achieved by widening the Federal franchise together with the entrench- * ment of human rights. ^ •

• "Moffat’s R esolutionsCentral African Examiner, August 2, .1958 The- Central African Examiner (December 9, 1959), criticized .the

Central African Party's platform as being a document of "woolly platitudes"

lacking an articulation of how to eliminate the root causes of economic

and political instability, of poverty and personal insecurity in order to :

eliminate the conditions in which the seeds- of racial unrest could grow,

and that it shirked the fundamental is sue of whether of not the ; Federation

should be continued 0 ■' , - • -

The party, at present,, holds no Federal seats but does hold three in

the Nbrthem Rhodesian Legislative Council and it is the rallying point of

European liberal opinion with milder expression of African aspirations „^5

It still remains to be seen whether it can gain increased support from " "

Europeans as well as Africans o '

Commonwealth Party

In 1955 , the: Commonwealth Party arose and gained one seat in the

, Federal Assembly in a by-election„ Commonwealth Party theory represents,

a more consistent and more extreme form of partition than does the

Dominion Party theory„ In essence, the Commonwealth Party proposes the

amalgamation of Southern Rhodesia,vyith thos e areas of heaviest European

Rhodesia Herald, June 6, 1960 „ • ■settlement 4h the Northern .Rhodesian Copperbelt which is the line leading

from the South to the Northern Rhodesian Copperbelt and the Copperbelt

itself , Sucht an amalgamation wpuld split Northern Rhodesia into three •

parts: North-Eastern Rhodesia, the Oentral-railroad-Copperbelt portion-

amalgamated .with Southern Rhodesia, and North-Western Rhodesia, Under ■

this plan North-Eastern Rhodesia, North-Western Rhodesia and Nyasaland

Would become Native Protectorates or States under the joint trusteeship '

of the Federal and United Kingdom governments, However, this arrangement

would be merely.transitory for, in time, the Native States would demand full

self-government and would be allowed to secede from the Federation and to:

Sever any formal administrative links with the.European area or the United . :

Kingdom G o v e r n m e n tThe remaining Europeap portion of Central Africa,

now relieved of its former areas of heaviest African concentration, would be

able to enjoy unitary government without the. disadvantages of the present .

constitutional division of powers, Full and independent membership in the

Commonwealth would then follow as a matter of course, '

General Qbservations

Thus, there are two major European-run parties with considerable

Strength, The liberal parties are weak since they have been unable to

= Eugene Fo Dvorin, Unpublished paper, op, cit,, p, 8 ■ muster enough support to gain even one seat in the Assembly, Membership is open to all races but not much African support has been forthcoming „

As a result; the Central African parties run along racial lin e s -

The differences' in- party approach to the State of the future represent.

Serious and, dangerous cleavages in Central. African political thought „ The implications of these views for the future, of the Federation may be appre­ ciated if different parties were to, implement their policies were they to take CHAPTER VI

, CONCLUSIONS. . ■

It Is generally believed that Federation has brought economic, ■

benefits to its inhabitants since it has made it feasible for establishing,

for 8 million potential customers, a common rnarket considered to be

more valuable than three separate territorial- markets each embracing less

than 3 million people <, Furthermore, the three .economies are comple­

mentary. Therefore, the continuation of the Federation is possible and

desIrabTe on ecohomlO grounds. This, however is not enough. For, the

threats to the Federation have come from the serious political problems ■

that have arisen from dissatisfaction with the process of representation.

} The electoral process has been unable to provide for a satisfactory

relationship for the distribution of political influence between the dif­

ferent communities bomprising the country. In this context political

influence is perceived, by the inhabitants of the Federation,.to be tied

up with the process of electing representatives. / '

The qualitative electoral.process which allows for two rolls is not

discriminatory if its clauses are considered by themselves . It'is discrim-

. inatory in its effects, since its economic and educational qualifications allow a few thousand Europeans to become a political majority which greatly influences the election of representatives „ At the same time t the 7 million indigenous people, reduced to a political minority.; influ- " ence the selection of only: a tiny number of representative's.. The

Africans have become more extreme in their demands for universal ••• . . franchise and they feel the present governmental system to be inade­ quate and undesirable o One of the results’of this problem has been the constant an4 inflexible demand for self-government and secession from the Federation by the majority of the indigenous inhabitants.

: Another serious cQnsequence has been the violent means that; have been adopted by the African political organizations to. intimidate *. and doerce moderate elements „ Such tactics resulted in lawlessness' and prevented the. smooth functioning1 of the political system. Europeans have called these African movements Fascist .and irresponsible. , ■

European opinion is divided over the question of the franchise;

The United Federal Party advocates the pres ent electoral law sT he.

Central Africa Party while not for one-man-sohe-vote feels that the

See the statement made by Sir Malcolm Barrow, Federal Minister for Home Affairs in which he said: ' "All the so-called African nationalist leaders are would-be dictators, and are in fact Fascists> with Fascist- ' - methods and Fascist objectives." The Times-^London) , December 5> 1960 existing eleGtbrar system should be changed to include mbre indigenous

inhabitarits by lowering the economic and educational qualifications 0 ,

The Dominion .Party advocates the reorganization of territorial units into

White and black areas while the Commonwealth Party also desims a • •>

similar systemo '•

An indirect influence of,African opposition to the electoral process has been the loss of confidence in the African.Affairs Board which '

although it opposed' the Electoral Bill failed to receive British support„

Consequently^ the European liberals toolost confidence in this agency which was to have safeguarded African interests'0

The political party system is in a, state of flux and the number of these organizations, with different approaches' to the state of the future, seriously threaten the present system. The. racial character of the party system also poses another threat to the Viability of the Federation and

* * . '■ ‘ "V:- ■ 'v: ■ . .' ■; - ■■... ■■ . ■ . . .■. -■ - ■■■ ■->o , , , , . it does not Contribute to. the integration of sectional differences.

^See the suggested solution offered in the Monckton- Report sum­ marized In Africa Digest, December I960. It recognizes the fact that Federation cannot be maintained under its present form. It calls for a broader qualitative.franchise without any system of devaluation or weighting votes; parity in the. Federal Legislature of sixty by allocating thirty seats to Africans and thirty to Europeans; identical Bills of 1 Rights for all territories and the Federation. From the foregoing two conclusions emerge:

1 „ The existing Federal, framework has not been able to provide

for a satisfactory distribution of political power between the con­

stituent communities, albeit it has successfully and effectively helped

toward economic developments , .

2 „ The fate of the Federation is dependent upon the desire of. the Inhabitants for reconciliation and compromise between the sectional

political views and upon their desire to retain the present system of governments The argument that economic progress of the Federation should justify, its continuation'cannot sway the minds of the indigenous people B With them it is political rights first. As Or„ Nkrumah, the ■ premier of "Ghana, once said, "Seek ye the political kingdom first, and all else will follow," ■ . . . • ■ BIBLIOGRAPHY

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