Madzimbamuto and Fiji Flashcards
When and how did Rhodesia declare indepdnence?
In 1965, Rhodesian PM Ian Smith, issued a unilateral declaration of independence
Who told the Rhodesian people to “carry on as usual” and what is the significance of this?
The British Governor of Rhodesia
How was Madzimabuto’s husband detained?
under Emergency Power Regulations which were eventually substituted with regulated by the ‘new’ government
What was the British government’s position on the Rhodesian declaration of independence?
That it was illegal, meaning that the legitimacy of the Rhodesian government was not recognised
What is the key courts in the Madzimbamuto case?
- The initial appeal was attempted in the Rhodesian Courts but appeal was held in the UK Privy Council
- The Privy Council was essentially asked to determine the legitimacy of the Rhodesian state
What kind of suit was the Madzimbamuto case?
Habeus Corpus - suing on the declaration of detention
What did the Privy Council decide on the Madzimbamuto case?
The Council decided that the declaration of independence by the Rhodesian government was invalid MEANING it was a British colony MEANING that it didn’t have the legal authority to make the pass laws DESPITE having de facto control THUS the Emergency Power Regulations weren’t valid
The council ruled that there can be no valid regulations from an invalid regime
What is the doctrine of necessity?
It is a common law principle that allows the suspension of usual law in very unusual and life-threatening cases
Not a legal defence but an excuse
What was the Rhodesian defence for the Emergency Power Regulation and why was this wrong?
The doctrine necessity allowed the Rhodesian state to exercise the ability to create laws because there were serious riots and protests around the country.
The Privy Council decided that the doctrine of necessity does not override UK soverignty
What was the name of the laws used immediately by the independent government of Rhodesia
Emergency Power Regulation
What events forced Fiji to install a new government in 2000?
During a coup in 2000, hostages were held in Parliament and after negotiations the constitution was suspended and a new government installed
Who challenged the new Fijian government on its legitimacy?
Biman Prasad
What courts heard appeals on the Fiji v. Prasad case?
Firstly a New Zealand High Court Judge acting as the Judge fo the High Court of Fiji
Then a Fijian Court of Appeal was formed staffed by judges from Australia and NZ
What did the Fijian Court of Appeal decide?
They found that
1. The Constitution was never truly suspended
2. Parliament hadn’t been dissolved meaning that the interim government had no jurisdiction
3. The doctrine of necessity would not allow a state to suspend a Constitution
4. the intermin Government of Fiji, despite being a de facto Government was not a de jure government as it had seized power illegally
