Evening star., 1952-11-17
MoIun and South Africo's Court


Nationalist government have acted in the best
interests of the Union Of South Africa in accept
ing the ruling Just handed down by the Appeal
Court, the country's highest tribunal. For
defiance Of the ruling might have brought to
an explosive climax-one that could have set
of grave domestic disturbances-th constitu-
tional crisis that has been simmering over there
ever since passage Of law to impose additional
restrictions on the voting rights of about $4,000
"colored" persons in Cape Province.
This crisis has complicated background.
It revolves around South Africa's program of
"apartheid," strict system OF racial segregation
with deep roots in the nations traditions and
history. Under the system some eight or nine
million native Negroes-the overwhelming ma
jority of the population-are not permitted to
vote. Next come the "colored" persons (about
one million half-caStes and ASiatics, mostly
Indians) who have voice in the government but
on limited basis. Finally, there are the whites
who number about three million and who enjoy
unrestricted political rights.
These whites, however, although they do not
differ as regards the traditional system of segre-
gation-a system approved by many non-whites
as well-have been bitterly divided by what DR..
Malan has done in an effort to force the Cape
Province law into effect. They are split into
two broad groups. One group is made up of the
Prime Minister and his Nationalist followers,
most Of whom are descendants of the Beers and
speak a variety of Dutch The other group
consists chiefly Of English-Speaking people of
English stock-people who. are fearful that
Malan's position in the constitutional crisis
reflects an incpent desire to set up dictatorial
one-party government and divorce South Africa
from the British Commonwealth
Although perhaps exaggerated, this fear has
gained substance from the fact that DR.. Malan,
with his slim Nationalist majority in Parliament,
has sought to reduce South Africa's supreme
court to position of relative impotence He has
sought to do ever since the court, several
months ago. unanimously ruled against the Cape
Province law because it had not been enacted
as specifically required by the countrys con-
stitution-by a two-thirds vote of both houses
of the national legislature. Instead of abiding
by the decision, he has pushed through the legis-
lature-again by a narrow margin-a bill
decreeing that only the legislature itself pass
judgment on its acts, and this is the bill that
has now been invalidated by the courts latest
ruling
In effect in accepting the ruling-another
unanimous one-Dr. Malan has not only put
aside the Cape Province law but also affirmed
his respect for the South African constitution
by honoring the courts findings. Thus, instead
of voicing defiance, he has chosen to submit
the whole question to the decision of the voters
in next years general elections-a decision
which he hopes will give him the two-tfirds
parliamentary majority needed for the action
he favors. Had he not displayed this sense OF
responsibility and craftsmanship, the conse-
quences-racially and otherwise-might have
been tragic for his country's internal peace and
order.
The Malan government, of course, is on
solid ground in arguing that "apartheid" is
purely domestic affair and that therefore the
United Nations-despite an investigating pro-
posal sponsored by 18 member countries-has
no right to play an intervening role of any
kind. True that may be, however, If the
Nationalists had followed a violence breeding
unconstitutional course in this instance, that
in itself would have intensified the agitation
in the U. N. They have been wise, therefore,
in deciding to abide by what the court has said.