CONSTITUTION ILLEGAL

Press, Volume CVI, Issue 31161, 10 September 1966, Page 15

CONSTITUTION ILLEGAL

Rhodesian High Court’s Ruling

(N.Z P.A. Reuter —Copyright)

SALISBURY, September 9. H _ The Rhodesian High Court ruled today that the 1965 constitution introduced at the time of Rhodesia’s declaration of independence—and the present governnent set up under it—were unlawful.

The High Court also ruled that the Government of Mr an Smith was the only effective Government of the country. The two High Court judges were giving reserved judgnent on a constitutional test case hearing in which the legality >f the Government and the Constitution were challenged.

Two men—a white awyer and an African nationalist had applied for release from detention on the grounds that the emergency regulations under which they were detained were illegal and unconstitutional. While ruling the present constitution illegal, the judges said today that in order to prevent chaos the Court should give effect to such measures of the effective government as could lawfully have been taken by the lawful government under the 1961 Constitution. In their 110-page judgment the judges said the present Rhodesian Government would not become the lawful government until the ties of sovereignty were severed

'either by consent or by Bri tain abandoning its attemp' to end the secession. The colony seized its inde pendence from Britain or November 11, 1965, and pro mulgated its own constitu tion, replacing the one o 11961. I The extension of the stat< |of emergency in the country ■ and the emergency power: regulations fell in the cate (gory of measures of the effec [tive government, the judge: said. As a result, the two appli cations for release from de tention must fail. The two detained men—the lawyer, Leo Baron, and Danie Madzimbanuto—were detainer under the emergency power: extended in February 4 thi; year. The case was regarded a: the first serious attempt t( force a ruling from the Rho desian judiciary on the legal ity of the Smith administra tion and its actions since il

•j. made its unilateral declarant tion of independence. Rhodfesia’s Constitutional 1 Amendment Bill, giving the Government extra powers to ,n introduce preventive deten- °’ tion, gained final Parliamentary approval yesterday. Passed on its third and final reading by 48 votes to * e two, it will become law when signed by Mr Clifford Dupont, rs officer administering the Gove‘ eminent. ■ c ‘ The Bill enables the GovBS ernment to introduce legislation for preventive detention li- without the existence of a e- state of emergency—a previous condition for detention le laws. el The bill was believed to be id the reason that recent talks rs in Salisbury between British is and Rhodesian officials, aimed at seeing if there was any is basis for a settlement of the to Rhodesian crisis, broke up. o- The Opposition United il- People’s Party and a number a- of leading churchmen have it criticised the Bill.