“Not only have many murders been committed this year in connection with the Human Leopard, but murders which have been committed within the last three or four years have only just come to light. I can say that, so far as I know, there are over twenty murders at least in connection with this Society perpetrated this year or within the last three or four years just recently come to light. This is a very serious state of affairs, and one that has to be dealt with in a drastic manner. As far as my knowledge of this Society goes, twenty years ago its operations were confined to, not the big men of the Protectorate, but lesser people; in fact, it was the paramount chiefs who took part in trying to suppress the Society. However, it seems as years have gone by, this state of things has changed, either from natural inclination or from force of circumstances, and the Society has become too strong for the chiefs, with the result that the paramount chiefs themselves have been drawn into the Society and are now the leaders of it.
“Section 2 of this Ordinance gives the Governor power, when any murder has been committed in any chiefdom, to declare such chiefdom or any part thereof to be a proclaimed district, and gives the District Commissioner power to arrest anybody therein. In the past the Government’s chief difficulty has been to get evidence to substantiate a prosecution, as it is generally after a long time that people come forward to make statements about these murders, and, owing to the intimidation practised by the influential chiefs upon possible witnesses, the Government have always encountered great difficulty in procuring witnesses to bring to justice the perpetrators of the crime. It will be seen by Section 2 the District Commissioner has power to arrest any person whose arrest and detention he may consider advisable in the interests of justice; the first person he will naturally arrest would be the chief of the district.
“This power seems drastic, but the circumstances of these murders are so exceptional that drastic powers are required. Honourable Members will remember that in the Principal Ordinance it is a serious offence to be in possession of certain articles. It is proposed to add three other articles which will be seen detailed in Section 7. Up to the present, the possession of certain articles has been necessary to enable the District Commissioner to deal with persons who are known to be active members of the Human Leopard Society. It is now made criminal for a man to be a member or to take any part in the operations of this Society. These are the two chief points in the Bill. Another addition is that by Section 5 which gives power to the Governor to deport a man who has been connected with this Society, and, if he is an alien, to banish him permanently from the Colony. As the District Commissioners have been obliged to arrest a good many persons for whom it may not be possible to formulate any charges, Honourable Members will see from Schedule 9 that there is an indemnity clause covering all the arrests which have been made.”
The three articles mentioned by the Attorney-General are described in the Ordinance as:
“(a) A dress made of baboon[[8]] skins commonly used by members of an unlawful society;
“(b) A ‘kukoi’ or whistle commonly used for calling together the members of an unlawful society;
“(c) An iron needle commonly used for branding members of an unlawful society.”
In introducing the Special Commission Court Ordinance into the Legislative Council the Attorney-General said:
“This Bill gives the Governor power to constitute special courts for the trial of all offences under the Human Leopard and Alligator Societies Ordinance, 1909, and also the Ordinance (the Human Leopard and Alligator Amendment Ordinance, 1912) which has just been read a second time. I may say that the usual way of trying offenders in the Protectorate is by the Circuit Court with three or four Native Paramount Chiefs, but as a great number of these chiefs are implicated and have been arrested in the Protectorate, it is obvious that the services of many, if any at all, will not be available. Moreover, there are 64 persons under trial. It will take up too much of the time of the Circuit Judge if all were sent for trial before the Circuit Court. The Governor has the power to appoint Commissioners, usually men who are Senior District Commissioners. However, it is not desirable to appoint Commissioners in the ordinary way to try offences like these. Instead of the prisoners being tried by the Circuit Judge in the ordinary way, they will be charged before a special court of three Judges.
“It is proposed in the Bill, which I may point out will only be in operation for one year, to appoint a Special Commission Court consisting of three persons. Who they are or who they will be I cannot say; but I can say that they must be either judges or barristers of a British court.