Herman R. Hahlo*. 1. Of the great cases decided since World War II, few can surpass the Rhodesian case of Madzimbamuto v. Lardner-Burke and Another1. Under section 45 (2) in cases where the Governor is required to act on his own . even accepting the judgment in the constitutional case of Madzimbamuto v. Rhodesia that this case has been treated as a test case raising the whole question of the present constitutional position in Southern Rhodesia. It is therefore.

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Tonkin49 per Innes C. When it became clear to Her Majesty’s Government that the judges were working under the control of illegal ministers they were still not dismissed, and no effort was made to replace them.

Sovereignty over Southern Rhodesia rested with the Crown of the Madzimgamuto Kingdom and had not been affected by the unilateral declaration of independence.

casee Dupont, who is not a sovereign, can be accepted. An alternative basis for the judgment 13 of Beadle C. There is no indication that the United States Supreme Court relied upon the circumstance that each of the separate states had its own sovereignty, and not simply on the fact that there was no other effective government within territories concerned. The result of these proceedings cannot therefore be said to be academic.

An application for leave to appeal from so much of the High Court’s madzimbamito as held that Rookes v.

MacGrowther 18 state Trials On March 27,the Privy Council, when granting leave to appeal, reserved until the hearing the question of the competency of and necessity for any such grant. No arguments will be advanced on the power of the United Kingdom Parliament to legislate for Rhodesia, either before or after November 11,and on the question of allegiance which is irrelevant, unless the Board thinks that submissions should be made.


Ip. The early history of the Colony is set out in In re Southern Rhodsia. Woodruff 15 Wallace82 U. By section 2, subject to the provisions of the Constitution, the Governor “shall do and execute all things that belong to his office according to such instructions, if any, as Her Majesty may from time to time see fit to give him.

Crown – Allegiance to – Usurpation – Colony – Southern Rhodesia – Usurping government in effective control – Temporary allegiance knife owed to usurping government – Applicability of doctrine of necessity – Statute of Treason, If the Governor’s message could be construed as a call to enforce the rebel government’s laws, it was the courts’ duty to ignore it.

His conclusions were that in English law when the lawful Sovereign can no longer give protection he forfeits.

So far as legislative action is concerned, it has become impossible for taxes to be lawfully collected, or for money to be made available for any of the mafzimbamuto of government. Whitethat the court would not entertain any suit in which Texas was the plaintiff, is that it is similar to the rule of common law whereby no enemy alien can sue in an English court in time of war: Borden 68 it was a political question solely for the U.

Attorney-General for the Irish Free State.

Madzimbamuto v. Lardner-Burke

The Governor merely notifies those concerned that Her Majesty’s pleasure has ceased. Hackle and Mossop90 per Innes C.


Detention without trial can never be necessary for the preservation of peace and good order, on the mere ipse dixit of a rebel Minister. The mode of exercise was by executive act by the Governor. Where there is a written constitution the court’s powers must be exercised in accordance with that constitution: On November 16,the United Kingdom Parliament passed the Southern Rhodesia Act,which declared that Southern Rhodesia continued to be part of Her Majesty’s dominions and that “the Government and Parliament of the United Kingdom have responsibility and jurisdiction as heretofore for and in respect of it.

In his mazimbamuto in the present case Beadle C. The language of the Governor’s message cannot be used to interpret the Order in Council: By an order made by the respondent, Mr. He may not inquire whether the Queen had power to annex.

Madzimbamuto v Lardner-Burke

Briggs The Law of Nations, 2nd ed. Between and the Statute of Westminster.

Section 1 of the British Nationality Act,did grant to Southern Rhodesia, in the same way madsimbamuto it granted to the Dominions, a power to regulate its own citizenship, and to confer the status of British subject on persons, but the conferring of this power did not affect its status as dependent, and it did not equate Southern Rhodesia with the Dominions for any purpose other than for the purposes of the Act itself.

We are satisfied that the appellant has a right of appeal which cannot be taken away.