SOUTH AFRICA

Otago Daily Times, Issue 18801, 2 March 1923, Page 5

SOUTH AFRICA

EXCLUSION OF ASIATICS. COURT OF APPEAL DIVIDED, Pres* Association—By Telegraph —Copyright CAPETOWN, February 23. The Union Court of Appeal is sharply divided regarding the validity of a notice issued by the Minister of the Interior under the Immigration Act, declaring that Asiatics who are not already domiciled or specially exempted by Statute axe not suited' on economic grounds to reside in South Africa. The Chief Justice, Sir James Eose-Innes, took the view that there should be no discrimination against Asiatics as such. He pointed out that the .Minister's notice might include a prince, rajah, or eminent scientist. The Minister was competent to exclude all persons holding certain political opinions. If Parliament 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 the basis of classification did not conform with the provisions of the Statute. Sir J. G. Kotze concurred. Sir W. H. Solomon -and the remainder of the Court overruled the Chief Justice, holding that judges were not entitled to challenge the discretion of a Minister who was empowered by Parliament to decide what persons were not suited to reside in the Union on economic grounds.

The point arose from the appeal of an Indian against his conviction tor aiding and abetting prohibited persona to enter the Unioh. The appeal was dismissed.— A. and N.Z. Cable.