Rhodesia

Abstract

In September 1968 the Appellate Division of the High Court of Rhodesia had acknowledged the Rhodesian Front Government as the de jure Government and the 1965 Constitution as the only valid Constitution of Rhodesia.1 It is not surprising, therefore, that the gravamen of constitutionallaw in 1969 shifted from the courts to the legislature. Since the Government had planned for some time to introduce an entirely new constitutional framework, it made no attempt to amend the 1965 Constitution, except that Section 81(2) was amended so as to enable Parliament to declare a state of public emergency for a period of twelve months instead of only for three months at a time.2 Instead the Referendum Act 1969 (34/69) was passed instructing the Officer Administering the Government to appoint a day for the holding of a referendum "for the purpose of determining the opinion of the voters" whether they were in favour of or against (a) the adoption of a republican form of government and (b) certain draft proposals for a new Constitution which were to be published in due course.3 These proposals were published as a White Paper in a Government Gazette Extraordinary on 21st May 1969,4 and shortly afterwards the Constitution Amendment (No.2) Act (42/69) provided for the referendum to be held on 20th June 1969, the repeal of the 1965 Constitution, the introduction of a new Constitution and fundamental changes in the legal system of Rhodesia.5 At the referendum an overwhelming majority of registered voters signified their approval of a declaration of a republic and of the constitutional proposals which were then embodied in three Acts of Parliament, viz. the new Constitution for Rhodesia (54/69), the Land Tenure Act 1969 (55/69) and the Electoral Act 1969 (56/69).5& The 1969 Constitution The constitution is preceded by a "Dedication" in which "(t)he peoples of Rhodesia humbly acclaim the supremacy and omnipotence of Almighty God and acknowledge the ultimate direction by Him of the affairs of men". A "Preamble" refers to the referendum of 20th June 1969 according to which "the voters of Rhodesia are in favour of the adoption of a republican form of government and ... of the ... constitutional proposals" (supra) and to the Constitution Amendment (No.2) Act 1969 which had empowered the legislature "to enact such laws as may be deemed necessary or desirable to give effect to the wishes of the voters". It concludes with the traditional statement (as amended after UDI) according to which the new Constitution was "enacted by His Excellency the Officer Administering the Government, as the representative of the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Rhodesia". 6 The Constitution itself is divided into eight chapters. Chapter I provides that the Head of State shall be "a President in and over Rhodesia" who shall also be Commander-in-Chief of the Armed Forces (Section 1). He will be appointed by the "Executive Council" (i.e. the Cabinet) for a period not exceeding five years and a President who has held office for two terms shall not be eligible for reappointment. He may be removed from office on a resolution passed by two-thirds of the total membership of the House of Assembly on the grounds of misconduct or inability to discharge efficiently the functions of his office. 7 The legislative power is vested in the Legislature consisting of the President and Parliament, which has two chambers: the Senate and the House of Assembly. 8 The Senate has twenty-three members:9 ten Europeans, ten African Chiefs10 and three senators nominated by the President. A European senator must be a registered voter, at least forty years old and have lived in Rhodesia for at least ten years during the fifteen years preceding his nomination. An African senator must hold the office of Chief. European senators are elected by the European members of the House of Assembly, who for this purpose constitute an "electoral college". African senators are elected by an electoral college consisting of at least fifteen members of the Council of Chiefs. u The Senate shall have a President and a Deputy President.12.