Southern Rhodesia; Despatch to the High Commissioner for South Africa
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Excerpt from Southern Rhodesia; Despatch to the High Commissioner for South Africa: Transmitting Draft Letters Patent Providing for the Constitution of Responsible Government in the Colony of Southern Rhodesia, and Other Draft Instruments Connected Therewith 5. Clause 6 applies the existing; electoral laws, generally, subject to such amendments as might in the future be made by the Legislature. In the course of the discussion with the Delegation a suggestion was made that provision should be made for a system of proportional representation, but I have not felt able to introduce an electoral change of this importance into the Letters Patent. The matter is one which could, of course, be dealt with by the new Legislature. 6. The question has been considered in connection with Clause 8 whether provision should not be made for the automatic redivision of the Colony into electoral divisions at stated periods, as was done in the Transvaal Letters Patent of 1906. There is much to be said for this proposal, but the question is one which I would in the circumstances rather leave to the new Administration. I have, therefore, thought it preferable not to provide for this in the Letters Patent 7. Under Section 28, relating to the class of Bills to be reserved, it will be seen that the Governor will be required to reserve any law altering or amending the arrangements relating to the collection and allocation of mining revenue in force at the commencement of the Letters Patent under any existing law or otherwise or any law imposing any special rate, tax, or duty, on minerals in or under land within the Colony. In making this provision it is not intended to suggest that the Company´s mineral rights would not be fairly treated by the new Administration. His Majesty´s Government feel, however, that the position of the British South Africa Company in regard to the minerals is in two respects special. First, there is the pronouncement of the Judicial Committee of the Privy Council as to the connection between the existence of these mineral rights and the absence of any provision for the remuneration of the Company for its administrative services, and secondly, there is the arrangement as to the allocation of mining revenue adopted by Lord Cave´s Commission, as set out in the despatch of the 17th March, 1921, printed at p. 20 of [Cmd. 1273].These considerations have led me to insert clause 28 (d) in the draft. 8. Clause 28 (e) deals with a matter which has required and has received my most careful consideration, namely, the position of the existing railways in relation to the general powers of legislation conferred by the Letters Patent. I have no reason to anticipate, and 1 fully accept the assurance which I have received from the Delegation on this head, that these powers would be exercised in any spirit but that of complete goodwill towards enterprises which have contributed in so large a measure to the development of Rhodesia, and now play so important a part in the scheme of Imperial communications. But I have been deeply impressed by two features of the situation: - first, the magnitude of the investment made by the British South Africa Company in the railways, and the very heavy burden of financial obligation assumed by the British South Africa Company in the guarantees which they have given to the Debenture holders; and secondly, the absence of anything like a code of railway legislation, determining the relative rights of the railway proprietors and the general community. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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