The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
They will be continually renewed, which is advisable in these
tropical regions, where the conditions of climate very soon exhaust
individuals, and the new and continued relations which will thus
progressively spring up between Belgium at home and its African
extension will contribute to force into our colonial undertaking
the best part of our traditions and of our national spirit.
It would be also useful if the _ambulatory_ character attributed
by Congolese law to the Courts of First Instance were made more
effective, by rendering it an obligation for these courts to move
about periodically throughout the extent of their province, to sit
regularly at important centres, and to betake themselves to all
points to which the necessities of their presence required them to
proceed. This object might be easily attained, if only there were
placed at the disposal of the magistrates the material means—with
regard to transport, provisions, and lodging—that the frequency of
these movements on circuit might call for.
I would also recommend a new measure which would consist in
establishing in the different jurisdictions a corps of special
agents who should be remunerated by the Government, and whose
mission would be to discharge in the interests of the natives the
rôle of barristers. At present it is to the magistrates themselves
that the native addresses himself in order to obtain the necessary
counsel for the protection of his rights. It would be preferable
that those who may be called upon to lay down the law on a conflict
of civil right, should not fill also the post of being counsel to
one of the parties. On the other hand, from the penal point of view
the measure that I propose would permit of professional defenders
being assured to the accused. This institution, which it would
be necessary to render of as general application as possible in
the Upper as in the Lower Congo, would thus place on the spot, at
the disposition of those natives who thought they had ground of
complaint, gratuitous defenders of their interests.
[Illustration: In the State Printing Office at Boma. Natives
Laying-on and Taking-off.]
Indeed it would be useful to constitute in Belgium a Court of
Cassation to which the sentences and definite judgments in penal
matters which might possibly be contrary to the law should be
submitted. Such a court might be composed of members of the Belgian
Court of Cassation, or of the Appeal Courts admitted to the grade
of _emeritus_, or actually practising.
Public-domain text, read in full here on John Shaqi.
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