MADZIMBAMUTO CASE PDF

Facts The British crown colony of Southern Rhodesia , which had been self-governing since , declared independence from Britain in The British government considered its Unilateral Declaration of Independence UDI to be illegal and refused to recognize the legitimacy of the post-UDI Rhodesia n government, as did most other countries. At the same time, the Governor dismissed the entire Rhodesian government, led by the Prime Minister Ian Smith , which had declared independence. Daniel Madzimbamuto, an African nationalist , was detained under section 21 of the Regulations as a person "likely to commit acts in Rhodesia which are likely to endanger the public safety, disturb or interfere with public order or interfere with the maintenance of any essential service". The Regulations expired in

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Facts The British crown colony of Southern Rhodesia , which had been self-governing since , declared independence from Britain in The British government considered its Unilateral Declaration of Independence UDI to be illegal and refused to recognize the legitimacy of the post-UDI Rhodesia n government, as did most other countries. At the same time, the Governor dismissed the entire Rhodesian government, led by the Prime Minister Ian Smith , which had declared independence.

Daniel Madzimbamuto, an African nationalist , was detained under section 21 of the Regulations as a person "likely to commit acts in Rhodesia which are likely to endanger the public safety, disturb or interfere with public order or interfere with the maintenance of any essential service".

The Regulations expired in The state of emergency was then prolonged by the Rhodesian Legislative Assembly which also made a series of new Emergency Regulations.

Goldin J. The case was then appealed to the Appellate Division of the High Court. However, the Appellate Division withheld de jure recognition of the Smith government.

The Appellate Division also declined to recognize the validity of the constitution, ruling instead that the constitution still applied to the territory. Leave to appeal to the Judicial Committee of the Privy Council was then sought, which the Appellate Division refused to grant. Nevertheless, the appeal was granted by way of special leave to appeal by Order in Council. Oral arguments were heard over ten days from May to July Sydney Kentridge and Louis Blom-Cooper appeared for the appellant.

The respondent did not appear. Advice of the Privy Council The majority judgment of the Board was given by Lord Reid , who held that the Emergency Regulations and the detention order made under it were unlawful. Sovereignty over Southern Rhodesia rested with the Crown of the United Kingdom and had not been affected by the unilateral declaration of independence.

Hence, the United Kingdom retained full law-making powers over Southern Rhodesia. Since the United Kingdom deprived the Southern Rhodesian legislature of its law-making powers through the Southern Rhodesia Act , the Emergency Regulations made by that legislature were invalid. Lord Reid also made obiter dictum comments about the nature of parliamentary sovereignty and constitutional conventions: Lord Pearce gave a dissenting judgment, in which he concluded that the detention orders should be upheld under the doctrine of necessity.

Although he agreed that the United Kingdom retained full sovereignty over Southern Rhodesia, acts done by the de facto government of the territory should be recognized if such acts are necessary for "the ordinary orderly running of the country".

References Hahlo. Herman H.. The Privy Council and the Gentle Revolution. McGill Law Journal. The Legal Effects of U. Based on Madzimbamuto v. International and Comparative Law Quarterly. News: Saki. Revisiting the Daniel Madzimbamuto case. Financial Gazette Zimbabwe. It uses material from the Wikipedia article " Madzimbamuto v Lardner-Burke ".

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Madzimbamuto v Lardner-Burke explained

The Rhodesian government had enacted a series of Emergency Power Regulations and detained Madzimbamuto under one of those regulations. Held: The Privy Council held in favour of Mr Madzimbamuto, finding that the Emergency Provisions were void so the decision of South Rhodesia to self legislate was illegal. Although the Convention giving South Rhodesia the power to act as a self-governing State was important, it had no legality so the Emergency Regulations could not be enforceable. The question for the court was whether or not Canada could amend the constitution without the agreement of the provinces.

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MADZIMBAMUTO CASE PDF

Facts[ edit ] Southern Rhodesia was a British crown colony which had been granted self-government in under white minority rule. In common with other states, the United Kingdom considered UDI to be illegal and its parliament passed the Southern Rhodesia Act to permit the British Governor to dismiss the Rhodesian government. This ran contrary to the constitutional convention that Parliament did not legislate for self-governing colonies. This occurred against the backdrop of the Rhodesian Bush War — Daniel Madzimbamuto, an African nationalist , was detained under section 21 of the Regulations as a person "likely to commit acts in Rhodesia which are likely to endanger the public safety, disturb or interfere with public order or interfere with the maintenance of any essential service". The Regulations expired in

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