South Africa's Danger
The battle in the South African House of Assembly between defenders and defiers of the Union Constitution is now joined, and it is difficult to foresee where what is so ill begun will end. The Bill designed to set Parliament above the Supreme Court, and withdraw from the Court the right to pronounce on the compatibility of Acts of Parliament with the Constitution, is not yet published, and the _debate which opened on Tuesday was part of a general discussion on the Budget. It carried matters no further, and in the temper that prevails no debate is likely to. Dr. Malan is clearly not concerned with abstract questions of constitutionality. He is determined to get his measure depriving Coloured Voters of their existing franchise executed, and if the Supreme Court questions his power to do that, so much the worse for the Supreme Court. The dangers of such an attitude are manifest. If the Constitution does not protect the persons and classes it was designed to protect they will inevitably take steps to protect themselves in their own ,way. There are eight million natives in the Union, quite apart from the few thousand Coloured People immediately involved, and it would take very little to set all South Africa aflame. What is most to be hoped is that time will be given for reason to return. That may happen for technical reasons. The situation is completely obscure, for if Dr. Malan does get his Bill through, its constitutionality will inevitably be challenged before the Supreme Court, and the Court can hardly fail to declare against it. There is no Parliamentary way out of that deadlock. Attempts to find some other way must spell disaster. The anti-Government pact on this question between the United Party, the Labour Party and Torch Commando should in itself give Dr. Malan pause.
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