209

A—s

The Memorandum and Resolution were read as follows :— MEMORANDUM. Question of Judicial Appeals. There is no objection to the Resolution of Cape Colony on the question of Judicial Appeals, but it does not go far enough. There is a general feeling throughout South Africa in favour of the establishment of a South African Court of Appeal to which appeals would [ie from the decisions of the Supreme Court of each of the South African Colonies, even before a federation of these Colonies becomes an accomplished fact. It has been urged, however, that the expense of establishing and maintaining such a court would not be justified as long as there is a right of appea I from the Supreme Court of each Colony to His Majesty in His Privy Council. If a Court of Appeal is established it is considered most desirable that this right of appeal to the Privy Council should be taken away so as to prevent a litigant dissatisfied with the decision of the Supreme Court of a Colony passing by the Court of Appeal and prosecuting his appeal from such decision, before the Judicial Committee of the Privy Council. It is also desirable that when such Court of Appeal is established, its decisions should be final, excepting in certain matters in which that Court may grant leave to appeal to the Judicial Committee of the Privy Council. These matters would, of course, he prescribed in the statute establishing such a court. The right of any litigant to apply to the Judicial Committee of the Privy Council for leave to appeal to it from a decision of the South African Court of Appeal should not in any way be curtailed. The following resolution is suggested : — (1) That when a Court of Appeal has been established for any group of Colonies geographically connected, whether federated or not, to which appeals lie from the decisions of the Supreme Courts of such Colonies, it shall be competent for the Legislature of each such Colony to abolish any existing right of appeal from its Supreme Court to the Judicial Committee of the Privy ( ouncil. (2) That the decisions of such Court of Appeal shall he final but leave to appeal from such decisions may he granted by the said Court in certain cases prescribed by the Statute under which it is established. (3) That the right of any person to apply to the Judicial Committee of the Privy Council for leave to appeal to it from the decision of such Appeal Court shall not be curtailed. CHAIRMAN : Do you wish to add anything, Mr. Moor \ Mr. F. R. MOOR : No, my Lord, I have nothing to say. We have considered it together. Sir WILFRID LALRTER : My Lord and Gentlemen, I have listened with great care and attention to the view presented by Mr. Deakin in support of the resolution which the Commonwealth of Australia have laid before the Conference. But if I understood him aright his argument was rather an indictment of the Constitution which was finally passed by the British Parliament for the Commonwealth of Australia in this : that that provided for two appeals from the decision of its own courts. As he has presented

28—A. 5.

Seventh Day. 26 April 1907.

Impkkiai. CouBT of Appral.