Rhodesian Judges In A Dilemma

Press, Volume CVIII, Issue 31753, 9 August 1968, Page 11

Rhodesian Judges In A Dilemma

(N.Z.P.A.-Reuter—Copyright)

SALISBURY, August 8.

An anxiously-awaited British Order-in-Council commanding Rhodesian judges and officials to ensure the release of an African detainee from prison has finally arrived in Salisbury.

The order is a written command from the Privy Council, the highest court of appeal in the British Commonwealth, which last month upheld an appeal against the detention of Mr Daniel Madzimbamuto by the Rhodesian authorities. The arrival of the order seems certain to cause a new constitutional crisis in Rhodesia, with the judges of the High Court forced into the position of either upholding the Privy Council or the rebel regime of the Rhodesian Prime Minister (Mr lan Smith), which is defying British authority. Lawyers acting for Mr Madzimbamuto declined to say what their next step will be, but it is expected that the order will now be served on the registrar of the High Court.

If Rhodesia’s judges, most of whom have taken their

oaths under the 1961 Constitution, refuse to take notice of the order, legal sources in Salisbury believe they will have little option but to resign their positions and possibly take up new appointments, swearing loyalty to the Rhodesian State. The Privy Council granted the appeal against Mr Madzimbamuto’s detention on the grounds that the Rhodesian Government was illegal, since it seized independence unilaterally in November, 1965, and that the laws it enacted were therefore also illegal. All criminal proceedings in the High Court have been suspended until judgment is given in the trial of 32 Africans accused of acts of ter-rorism—-in which the Privy Council ruling was invoked. Judgment is expected on Friday.