Evening star., 1952-03-30
Dr.. MoIun and South Africo

It Is difficult to see how the tension-ridden
Union Of South Africa can put an end to its
current constitutional crisis without a retreat
by Prime Minister Daniel Malan or the resigna-
tion Of his government and the calling of new
national elections
The crisis has been precipitated by DR..
Malan'S effort to subordinate the country,s
supreme court to the will of mere majority
In Parliament. The issue that has brought
matters to head is the courts recent inyalida-
ton Of legislative measure designed to make
stricter than ever South Africa's program OF
"apartheid"-a rigorous system Of racial segre-
cation.
Under "apartheid' (Which Is deeply en-
bedded in the countrys traditions South
Africas population Of about II million has been
divided into three major compartments Walled
of in one compartment are millions OF native
Negroes, who have no voice In the government
In the second compartment, where there are
limited voting rights, are about million people
classified as "colored"-half and Asiatics,
with Indians constituting most of the latter.
And in the third compartment, superior and
privileged beyond comparison with the two
other segregated groups are the nations
2,500000 whites
1t is against this background that DR.. Malan
and his Nationalist Party have pushed through
Parliament bill that would further restrict
the voting rights of some $4,000 "colored" per-
sons in Cape Province. Under the bill, these
persons-who have heretofore thrown their
support to anti-Malan candidates-would be
obliged to cast their ballots for special slate
of representatives. The restriction, according
to spokesmen for the governments powerful
opposition adds up to nothing but brazen
effort by the Prime Minister and the National
lists to rig the electoral system in such q way
IN o11ar hot yvxyi1I u,ix, foxu
tional seats to strengthen their weak parlia-
mentary majority.
But this politicking charge has had no
bearing on the supreme courts unanimous
decision to invalidate the legislation. For that
decision has been based solely and simply on
the ground that the South African consti-
tuition requires that any change in the country's
basic law must be approved by two-thirds Of
the members Of Parliament and that this par
ticular measure barely squeezed through, with
only few votes more than a simple majority.
In response, DR.. Malan and the Nationalists
have boldly served notice that they intend to
press for another lava retroactive one
forbidding the court to pass upon the legis-
lature'S acts.
It may well be that the Malan government
win succeed-again by very few votes-in
having such law enacted In that case, how
ever. the supreme court will almost certainly
hand down another invalidating decision.
Accordingly, the leaders Of the United Party
the main opposition-seem to be altogether
right in demanding that the Malan government
either abide by the courts ruling or resign to
submit the issue to national elections.
Certainly, II DR.. Malan adheres to his pres
ent defiant course the resulting executive
legislative judicial showdown may have ex-
tremely tragic consequences for South Africa.
The country is already too tense with racial
animosities to take on the risks Of such a
struggle.