Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953
| Jurisdiction | UK Non-devolved |
| Citation | SI 1953/1199 |
| Year | 1953 |
1953 No. 1199
RHODESIA AND NYASALAND FEDERATION
The Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 19531stAugust 1953
ARRANGEMENT OF ORDER
Establishment of the Federation
Section
1. Establishment of Federation.
2. Provisions with respect to interim period.
Transfer of assets and liabilities
3. Apportionment Commission.
4. Transfer of assets and liabilities.
5. Outstanding public debt of Territories.
Temporary provision for Federal public service
6. Interim Federal Public Service Commission.
7. Power to second officers.
8. Conditions of service during secondment.
9. Termination of secondment.
10. Abolition of office.
11. Pensions etc. of seconded officers.
General
12. Interpretation.
13. Adaptation of enactments, etc.
14. Amendment of Territorial constitutions.
15. Citation.
ANNEX
THE CONSTITUTION OF THE FEDERATION OF RHODESIA AND NYASALAND
PREAMBLE
CHAPTER I
THE FEDERATION—GENERAL
Article
1. The Federation.
2. The Governor-General.
3. Acting Governor-General.
4. Deputy to Governor-General.
5. Construction of references to Governor-General.
6. Seat of Federal Government.
7. Official language of Federation.
CHAPTER II
THE FEDERAL LEGISLATURE
Composition of the Federal Legislature
8. The Legislature.
9. The Federal Assembly.
Elections to Federal Assembly
10. Election of elected members.
11. Transitional provisions as to elected members from Southern Rhodesia and Northern Rhodesia.
12. Transitional provisions as to elected members from Nyasaland.
13. Election of specially elected members.
Qualifications of and vacation of seats by specially elected and specially appointed members
14. Qualifications etc. of specially elected and specially appointed members.
15. Vacation of seats by specially elected and specially appointed members.
The Speaker and Deputy Speaker
16. Election etc. of Speaker.
17. Deputy Speaker.
Provisions as to procedure in Assembly
18. Oath to be taken by Speaker and members.
19. Procedure in Federal Assembly.
20. Recommendation of money votes.
21. Privileges, etc. of Assembly.
22. Penalty for sitting or voting in Assembly when unqualified.
23. Certain offices not to disqualify.
Assent to Bills, etc.
24. Assent to or lapse of Bills.
25. Disallowance of laws.
Sessions of Assembly, etc.
26. Sessions of Assembly.
27. Dissolution and prorogation of Assembly.
28. General elections.
CHAPTER III
LEGISLATIVE POWERS WITHIN THE FEDERATION
29. Legislative powers within the Federation.
30. Trade unions and industrial conciliation.
31. Power to add certain matters to Concurrent Legislative List.
32. Power to make and revoke additions to Concurrent Legislative List.
33. Special provisions as to acquisition of land.
34. Special provision as to certain Federal laws.
35. Effect of Federal and Territorial laws on one another.
CHAPTER IV
EXECUTIVE POWERS WITHIN THE FEDERATION
36. Executive powers of Federation.
37. Ministers.
38. Executive Council.
39. Exercise of Governor-General's powers, etc.
40. Federal public service.
41. Delegation of executive authority of Federation.
42. Co-ordination of executive authority of Federation and Territories.
43. Governor-General's powers of pardon, etc.
44. Saving for certain agreements.
CHAPTER V
JUDICIAL POWERS WITHIN THE FEDERATION
Jurisdiction in Federal matters
45. Enforcement of Federal laws.
Federal Supreme Court
46. Establishment of Federal Supreme Court.
47. Appointment, qualifications and tenure of office of judges.
48. Acting Chief Justice.
49. Acting judges.
50. Salaries, etc. of judges.
51. Places where Court to sit.
52. Expenses and receipts of Court.
Jurisdiction of the Federal Supreme Court
53. Exclusive jurisdiction in certain matters.
54. Exclusive jurisdiction to decide questions as to interpretation of Constitution referred by lower court.
55. Exclusive appellate jurisdiction on interpretation of Federal or Territorial Constitution.
56. Power for Federation to confer appellate jurisdiction.
57. Power for Federation or Territory to confer non-appellate jurisdiction.
58. Enforcement of orders, etc.
59. Rules of court.
60. Power for Federal law to make provision as to procedure, enforcement of orders, etc.
Appeals from the Federal Supreme Court and Territorial High Courts
61. Appeals to Privy Council from Federal Supreme Court.
62. Further provision as to appeals from Federal Supreme Court and Territorial High Courts.
63. Saving for appeals to Privy Council with special leave.
Transitional provisions
64. Exercise of functions of Federal Supreme Court before Court assume those functions.
65. Saving for appeals etc. in progress.
66. Assumption of functions by Federal Supreme Court.
CHAPTER VI
THE AFRICAN AFFAIRS BOARD
Constitution of the Board
67. The African Affairs Board.
68. Making of decisions by Board.
69. Power to sit and act when Assembly not in session.
Functions of the Board
70. General functions of Board.
71. Particular functions with respect to legislation etc.
72. Expenses of Board.
Functions of the Board with respect to Bills
73. Proposed Bills to be sent to Board before introduction.
74. Power to report Bill as differentiating measure.
75. Power to cause Bill to be reserved for Her Majesty's pleasure.
76. Standing Orders of Assembly may make additional provision for referring Bills to Board.
Functions of the Board with respect to subordinate legislation
77. Report and disapproval of subordinate legislation as differentiating measure.
CHAPTER VII
FINANCE
Appropriation and audit
78. Consolidated Revenue Fund of the Federation.
79. Auditor-General of the Federation.
Special provisions as to taxation
80. Taxes on income or profits.
81. Federal Emergency Tax.
82. Territorial surcharge.
83. Export duties.
84. Sales taxes, etc.
85. Transitional provisions with respect to certain taxes and duties.
86. Freedom of inter-Territorial trade.
87. Taxation of Government property, etc.
Control of external borrowing
88. The Loan Council.
89. Submission of external loan programmes.
90. Decisions of Loan Council as to external loan programmes.
91. Loans not to be raised without approval of Loan Council.
92. Special provisions as to certain loans.
Miscellaneous
93. Discharge of responsibility for certain loans etc.
94. Guarantees by Federal Government of loans.
95. Financial assistance to Territories.
96. Review of certain provisions.
CHAPTER VIII
AMENDMENT AND REVIEW OF CONSTITUTION
97. Amendment of Constitution.
98. Restriction of power to amend Constitution.
99. Review of Constitution.
SCHEDULES:
FIRST SCHEDULE—Forms of oaths and affirmations.
SECOND SCHEDULE—Matters with respect to which the Federal Legislature may make laws.
Part I. The Federal Legislative List.
Part II. The Concurrent Legislative List.
Part III. Provisions with respect to certain orders.
At the Court at Buckingham Palace, the 1st day of August, 1953
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred on Her by the Rhodesia and Nyasaland Federation Act, 1953(a), and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Establishment of the Federation
Establishment of Federation
1.—(1) Subject to the provisions of this Order, Southern Rhodesia, Northern Rhodesia and Nyasaland (in this Order referred to as "the Territories") shall be associated in a Federation in accordance with the Constitution set out in the Annex to this Order (in this Order referred to as "the Constitution").
(2) The following provisions of the Constitution, that is to say—
(a) Chapter I;
(b) article thirty-five;
(c) Chapter IV; and
(d) articles forty-five, fifty-three to fifty-five, sixty-four and sixty-six,
shall come into force on such date as Her Majesty may by Order in Council appoint; but at any time after the making of this Order Her Majesty may appoint a person to be Governor-General of the Federation (in this Order referred to as "the Governor-General").
(3) Subject to the next following section, the remaining provisions of the Constitution shall not come into force until such date as the Governor-General may by proclamation appoint; and any such proclamation shall be published in the official Gazette of each of the Territories.
(a) 1 & 2 Eliz. 2. c. 30.
Provisions with respect to interim period
2.—(1) During the period commencing with the date appointed under subsection (2) of section one of this Order and ending when the Federal Assembly established under the Constitution first meets, the Governor-General may, whether before or after the date appointed under subsection (3) of that section, by regulations exercise any of the legislative powers conferred upon the Federal Legislature by the Constitution to such extent as may, in his opinion, be necessary or expedient for the purpose of enabling the Constitution to function as from the date appointed under the said subsection (3).
(2) Any such regulations shall be published in the official Gazette of each Territory to which they apply and shall not come into force in any Territory until they have been so published in that Territory.
(3) Any regulations made under this section during the period aforesaid shall on their coming into force be deemed to be laws made by the Federal Legislature in accordance with the Constitution and, if subsisting at the date when the Federal Assembly first meets, shall continue to have effect thereafter as if duly enacted as law by the Federal Legislature except in so far as they are amended or revoked by a subsequent law of the Federal Legislature.
(4) Notwithstanding anything in article thirty-nine of the Constitution, during the period aforesaid the Governor-General may in his discretion, and in relation to any matter, act otherwise than in accordance with the advice of the Executive Council formed from the Ministers appointed by him during that period, so, however, that in that case he shall report his views to, and comply with any instructions...
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