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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On November 11,Mxdzimbamuto. Narayansamy 27 and Ganyile v. It was necessary that the acts of the state governments, as the only governments in existence, should be recognised.

Madzimbamuto v Lardner-Burke

In regard to Rhodesia, the right of the United Kingdom Parliament to revoke the Constitution and grant a new one was never questioned until the judgment in the court below. Under section the High Court was deemed to be properly constituted and the existing judges were permitted to continue to sit, but they could be asked to take the oaths mentioned above. In Uganda there was throughout a completely independent Sovereign state, whereas in Rhodesia there has been no change of Sovereignty.

Peace and good government refers to ordinary rights including those for the protection of property. The Kingthe Royal Court of Guernsey did no more than apply the rules of international law, as reflected in the Hague Regulations of In the paragraph referred to Blackstone was speaking of a natural-born subject. So far as legislative action is concerned, it has become impossible for taxes to be lawfully collected, or for money to be made available madzimbamtuo any of the processes of government.

The majority judgment of the Board was given by Lord Reidwho held that the Emergency Regulations and the detention order made under it were unlawful. Tn fake the cases were not heard until after the end of the war. The powers thus conferred by section 2 have been exercised in about 38 Orders, mainly concerned with sanctions, prohibiting imports, the appointment of new directors to the Reserve Bank of Rhodesia, and madzmibamuto on.

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They are expected to know the law and to apply it. The police no doubt have a very difficult path to tread in order to do their work without recognizing illegal authorities, and if they are guilty of lapses that is excusable, but for the judiciary there is no excuse. The extension of the state of emergency required cse resolution of the Legislative Assembly and a proclamation by the Governor, neither of which events has occurred.

Madzimbamuto v Lardner-Burke – Pindula

Retrieved from casse https: 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: The principle was first established in Texas v. Dictum of Beadle C.

Oral arguments were heard over ten days from May to July The Appellate Division also declined to recognize the validity of the constitution, ruling instead that the constitution still applied to the territory.

Mystify Ibrahim of Kyrenia.

But that doctrine is one that is unknown to British constitutional law and, while it may be true that in the Dominions British subjects owe a divided allegiance to Her Majesty, nevertheless in Rhodesia, which is a colony, allegiance is owed to “The Madzimbamuyo of the United Kingdom and Colonies. No measure which was in aid of the rebellion or contrary to the Constitution of the United States or which infringed the Sovereignty of the United States was ever recognised.

If the courts had refused to accept prosecutions under new statutes, no taxes could have been. The Board’s decision would not be brutum fulmen, since it would dispose of madzjmbamuto precedent which otherwise would amount to an estoppel per rem judicatam in any future proceedings between the parties.


The position in Rhodesia is not a true analogy because in Rhodesia there has been an attempt to set up a new Sovereign authority in Her Majesty’s Dominions in rivalry to the lawful Government: Strickland36 but those cases do not in fact support his argument.

It does not fall within the purview of a domestic tribunal to enquire into the legality or otherwise of its own constitution. Chancy23 if the Board is satisfied that the court below is wrong, it should kadzimbamuto as a matter of right and not of discretion that an appeal is granted. The relations between the Sovereign and a Colony are governed by English law, particularly in regard to the Royal Prerogative.

The King31 upon which Beadle C.

No recognition which was thereby granted was held to impair the rights of citizens under the Constitution. It was said that laws made for the preservation of public order and cxse the regulation of business transactions between man and man, and not to aid or promote the rebellion would be so far.

Lord Huntingfield and Van Deventer v. The only other part of the Constitution to which reference need be made is Chapter IX, entitled “Amendment of the Constitution. White 7 Wallace74 U. No Sovereign other than Queen Elizabeth II is in possession of the throne, or claims to be Queen of England, and whatever else it may mean, it must refer to England only, and not to a particular part of Madzimbmuto Majesty’s Dominions, particularly not while she is still asserting Her authority.

National City Bank and M. If it is invoked by a.