Annual report on Basutoland / Colonial Office.

  • Great Britain. Office of Commonwealth Relations.
Date:
[1950]
Catalogue details

Licence: Public Domain Mark

Credit: Annual report on Basutoland / Colonial Office. Source: Wellcome Collection.

    10/90 (page 4)
    (c) Native Courts The revised Court system has been functioning with considerable success since 1946. It was felt, however, that there was room for improve¬ ment, and the Basutoland Council recommended to the Paramount Chief that a Committee should be appointed to consider the nature of any reforms necessary. A Committee was appointed under the Chair¬ manship of the Acting Government Secretary with the following terms of reference : (i) Whether in the light of experience it was possible or desirable for the existing number of Courts to be further reduced, thereby effecting economies in the present high rate of expenditure on the Courts and possibly enabling better conditions of service to be granted to court personnel. (ii) Whether the organization for appeals was working satisfactorily. (iii) Whether sufficient staff was employed at each grade of Court and whether any reductions were possible. (iv) Whether the existing method of appointment and dismissal of Court Officials of all grades as laid down in a Paramount Chief’s Circular was satisfactory. If not what alternative method was re¬ commended. (v) Whether experience had shown that further amendments or add¬ itions were required to the Native Court Rules, Native Court Ac¬ counting Instructions, or the Disciplinary Regulations for Native Court Staff. (vi) Whether the existing practice and procedure in the Native Courts (e.g. methods of prosecution in criminal cases, sale of distrained stock by court personnel, etc.) were proving satisfactory. If not, what changes were recommended. (vii) Whether the Native Courts should be empowered to enforce the provisions of any laws which do not at present come within their jurisdiction. The Committee sat from July to September and heard evidence in all districts of the Territory. Their report was submitted to the Basuto¬ land Council at the September Session. But it was decided that the matter should be submitted to the people and to District Councils before a final decision was made on whether the reforms suggested by the Committee should be adopted. In the main the Committee made the following recommendations : (i) That better salaries and conditions of service should be given to the members of all court staffs. (ii) That the influence and control of the Chieftainship should be completely removed from the judicial system. (iii) That the courts should be reduced in number. (iv) That suitable offices and accommodation for court staffs should be built.