ASIATICS IN SOUTH AFRICA.

Press, Volume LIX, Issue 17702, 2 March 1923, Page 7

ASIATICS IN SOUTH AFRICA.

MINISTERIAL EMBARGO CHALLENGED. COURT OF APPEAL DIVIDED. (bt cable—-pbess associatiox—coftbight.) (lußtbaliah akd n.i. cable association.) (Received March Ist, 5.6 p.m.) CAPE TOWN, February fS. The Union Court of Appeal was sharply divided regarding the validity of the notice issued by the Minister of the Interior under the Immigration Act, deelariAg that Asiatics not already domiciled, or specially exempted by statute, are not suited, on economo grounds, to reside in South Africa. The Chief Justice (Sir James RoseInne3) took the view that there must be no discrimination against Asiatics as such. He pointed out that the Minister's notice might include a Prince, a Rajah, or an eminent scientist. The Minister was competent to exclude all persons holding certain political opinions, but if Parlament had wished to exclude all Asiatics it could easily have framed an Act so as to exclude the possibility of doubt. The Minister's notice was ultra vires, because th© basis of classification did not conform witn the provisions of the Statute. -Mr Justice Kotze concurred, but Mr Justice 'Solomon and the remainder of the Court overruled the Chief Justice, holding that Judges were not entitled to challenge the,'discretion of the Minister, who was empowered by Parliament to decide what persons were not suited to reside in the Union on eoonomio grounds. The point arose from*" the appeal of an Indian against his conviction for aiding and abetting prohibited persons to enter the Union. The appeal was dismissed.