14 JULY 1950, Page 2

S. W. Africa and The Union

South African spokesmen, presumably aware of the form it was likely to take, have been discounting in advance the opinion of the International Court of Justice on the status of South-West Africa. The judgement of the Court which has now been delivered is, however, too impressive to be ignored. The question at issue is the extent to which tie mandatory obligations which South Africa assumed over the territory in 1920 are still valid today, now that the League of Nations has ceased to exist. The Court is of unanimous opinion that the mandate has not lapsed, although there is some divergence of opinion as to the manner in which these obligations should be exercised in future. The furthest concession that the South African Government is prepared to make to outside opinion is that the Union should (to quote from Tues- day's statement by the High Commissioner in London) "continue administering South-West Africa in the spirit of the mandate given her by the League of Nations." The spirit in this case is not enough, even if (as some people, inside as well as outside South-West Africa, doubt) South Africa has always been a faithful interpreter of Geneva ; something of ' the letter is required to reassure all con- cerned that the welfare and advancement of the native inhabitants are the main concern of the administering authority. The decision of the International Court, though it is only advisory, leaves no doubt that among those concerned the Assembly of the United Nations has still a right to be counted. The South African proposal to hold elections in South-West Africa in August (Europeans, naturally, alone being able to vote) would seem, both in manner and object, to be incompatible with the reasons which first brought the Union into South-West Africa.