Court “Not Bound" By Privy Council

Press, Volume CVIII, Issue 31754, 10 August 1968, Page 14

Court “Not Bound" By Privy Council

(N.Z.PA.-Reuter—Copyright) SALISBURY, August 9. The Rhodesian High Court was not bound by last month’s judgment of the Privy Council in London that Mr lan Smith’s Government and its laws were illegal, Mr Justice 11. E. Davies ruled in Salisbury today.

Mr Justice Davies also said that in his view the breakaway Government had achieved internal de jure status. Mr Justice Davies is presiding over the trial of 32 alleged African terrorists. He was ruling on an objection by defence counsel that laws made by Mr Smith’s Government are illegal. The objection, part of a showdown in Rhodesia between lawyers and politicians which started when the country unilaterally declared itself independent in November, 1965, came on the heels of the Privy Council order for the immediate release of a detained African Daniel Madzimbamuto. The Privy Council the highest court of appeal in the British Commonwealth made the order in response to an appeal by Madzimbamuto’s wife after ruling that the Rhodesian Government was illegal and the emergency regulations under which he was held were unlawful. Defence lawyers for the 32 Africans based their objection on the Privy Council ruling. The Registrar of the

Rhodesian High Court on Monday suspended all criminal cases in the Court until Judge Davies had given his judgment. Mr Justice Davies said: “This Court is not sitting as the High Court of Southern Rhodesia in terms of the 1961 Constitution. It is not in the same hierarchy of courts as the Judicial Committee of the Privy Council, and the judg ment of the Judicial Committee is not binding upon it.” He added: “It is my view

that the present Government has achieved internal de jure status and that the Court sits by virtue of its authority derived from recognition by the Government in terms of the (post-independence) 1965 Constitution.”

Ruling on the defence submission that the charge sheet against the 32 Africans disclosed no offence in view of the Privy Council’s ruling, Mr Justice Davies said this submission “was void and without substance.”