In the Matter of Williamson Education Fund and Barclays Bank (Dominion Colonial and Overseas) Limited , Misc. Civ. Cause, 15-DSM-72, 15/5/72, Mwakasendo, Ag. J.

In the Matter of Williamson Education Fund and Barclays Bank (Dominion Colonial and Overseas) Limited , Misc. Civ. Cause, 15-DSM-72, 15/5/72, Mwakasendo, Ag. J.

The Petitioner, Barclays Bank (Dominion Colonial and Overseas) of 54 Lombard Street, London, E.C. 5, (“The Petitioner”), were the trustees of the Williamson Education Fund (“the Fund”), which was set up by Williamson Diamonds Limited of Mwadui, Tanganyika (“the Settlor”) for the purpose of promoting the education of students of promise of pure European descent belonging to the Tanganyika Territory. The Petitioner asked the Court for he sanction of a scheme, outlined in the Petition, by which the Fund (the benefits of which were hitherto restricted to Tanganyika students of pure European descent) might be administered as part of a wider charity for the benefit of all Tanganyika students regardless of their racial origin.

            Held: (1) “As both Messrs Tampi and Kami representing the Attorney General and the Petitioner respectively have observed, at the time when the fund was set up Tanganyika was a dependent country in which many things including education were run on racial lines. In the atmosphere existing at the time when the Fund was set up, the testator had little, if any, choice but to confine the application of the Fund to students of pure European descent. But times have changed with the Independence of Tanganyika. Education in Tanganyika is no longer run along racial lines. All Tanzanians of all colours, religions and races go to the same schools and receive the same type of instructions. It is conceded by the Petitioner that the presence of elements of ‘colour bar’ in the objects of the Fund is contrary to public policy and should therefore be removed. It is further conceded that the removal of the ‘colour bar’ from the objects of the Fund would not defeat the objects of the Fund, whereas if it is not removed it may defeat the very object for which it was constituted and may create unnecessary racial disharmony between citizens of African origin and those of European descent. If that were to happen our aim as a nation of building here a non-racial nation, to which people of all races will be proud to belong would be frustrated. Furthermore, the primary intention of the Fund was and still is to be, to promote the education of Tanganyika students of promise in certain fields of education with a specific bias towards scientific education. The change in the objects or the fund will in no way affect those Tanzania citizen of European descent who were originally intended to benefit from

 

(1972) H.C.D.

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the Fund by the Settlor. They will receive not less benefit but more, in that the removal of colour bar will cement the bonds of goodwill and trust between our peoples rather than weaken them. Mr. Mukami for the Petitioner has referred me to the case of Dominion Students’ Hall Trust, (1947) Ch. D, 183. I agree with him that on the authority of the Dominion Students’ Hall Trust case, this Court has power to deal with this matter. It would therefore follow that this Court may, if satisfied that the original intention of the settler has become impossible of execution, sanction the scheme as outlined in the Petitioner’s application. I am happy to say hat after hearing both Counsels and considering the facts as set out in the Petition, I am satisfied that it is right and proper that this Court sanction the scheme proposed by the Petitioner. The Hon. The Attorney General has whole-heartedly welcomed this application and has therefore not offered any opposition. I accordingly approve the scheme proposed in the Petition.” (2) “The second amendment seeks to delete from clause 13 the words “the Union of South Africa”. I am told by the Counsel for the Petitioner that it would be contrary to public policy for the trustees to do business with a county which believes in apartheid, a bigoted doctrine which preaches the supremacy of the white man over all other peoples of colour. I believe that this amendment too is consequential to the approval I have given to the scheme proposed by the Petitioner.” (3) “The third and last amendment sought is to delete from clause 16 of the deed the words “Fifty Pounds”. And substitute therefore the words Two Hundred Pounds”. Counsel for the Petitioner has stated clearly that costs of administering the Trust Fund have sharply risen from that they were in 1964. I am satisfied that it is just and equitable that the trusted’ remuneration should be increased to the figure asked for.” (4) Indenture to be amended in the manner proposed by the Petitioner. Costs to be paid out of the Trust Fund.