• Short Summary

    FOUR OF THE FIVE JUDGES OF RHODESIA'S COURT OF APPEAL, THE COUNTRY'S HIGHEST JUDICIAL BODY, RULED YESTERDAY (MONDAY) THAT THE ILLEGAL REGIME OF IAN SMITH IS THE DE FACTO GOVERNMENT WITHIN RHODESIA.

  • Description


    HIGH COURT BUILDING, BARRISTER IN ROBES, PUBLIC LEAVING BUILDING, LARDNER-BURKE SPEAKING (SOUND OF FILM).



    TRANSCRIPT:



    "WE....MY ADVISORS, WILL HAVE TO STUDY THE JUDGEMENTS CAREFULLY NOW BUT AS I SEE IT, AND THIS IS A PERSONAL OPINION, IT MEANS THAT THE HIGHEST COURT IN THE LAND HAS RULED THAT PARLIAMENT IS THE LEGAL LAWMAKER OF THE COUNTRY AND THAT ALL ACTS, PASSED BY PARLIAMENT WILL BE UPHELD BY THE COURTS, AT THE WORST IF THEY CONFORM TO THE 1961 CONSTITUTION, BUT AT THE BEST IF THEY CONFORM TO 1965 CONSTITUTION. THAT ALL PROCLAMATIONS ASSIGNED BY THE OFFICER ADMINISTERING THE GOVERNMENT ARE LEGAL AND A FULL FORCE IN EFFECT AS SUBJECT TO THE SAME QUALIFICATIONS AND THAT ALL RHODESIANS BECAUSE OF THIS RULING MUST OBEY THE LAWS, PASSED BY THE GOVERNMENT AND THAT THEY ARE NOT ABLE TO LOOK OVER THEIR SHOULDERS FOR GUIDANCE FROM BRITAIN."




    Initials ERW/VS/MR/OS



    Script is copyright Reuters Limited. All rights reserved

    Background: FOUR OF THE FIVE JUDGES OF RHODESIA'S COURT OF APPEAL, THE COUNTRY'S HIGHEST JUDICIAL BODY, RULED YESTERDAY (MONDAY) THAT THE ILLEGAL REGIME OF IAN SMITH IS THE DE FACTO GOVERNMENT WITHIN RHODESIA. THE FIFTH JUDGE FOUND THAT, WHILE THE ADMINISTRATION WAS FACTUALLY IN CONTROL, IT WAS "NEITHER A FULLY DE FACTO NOR A DE JURE GOVERNMENT"
    FIRST REACTION TO THE DECISION CAME FROM MR. DESMOND LARDNER-BURKE, RHODESIA'S MINISTER OF JUSTICE, LAW AND ORDER, WHO SAID THAT IT THEREFORE FOLLOWS THAT THE BRITISH LAWS, PASSED AGAINST RHODESIA SINCE THE SMITH REGIME DECLARED INDEPENDENCE, HAVE NO LEGAL EFFECT.

    THE APPEAL COURT RULING CAME IN A CONSTITUTIONAL TEST CASE IN WHICH TWO DETAINEES, A WHITE LAWYER AND AN AFRICAN, HAD APPEALED AGAINST THEIR DETENTION ON THE GROUNDS THAT THE SMITH ADMINISTRATION WAS NOT A LEGAL GOVERNMENT. THE APPEAL COURT ALLOWED THE APPEALS ON THE GROUNDS THAT THE REGULATION, UNDER WHICH THEIR DETENTION WAS CONTINUED WAS BEYOND THE POWERS OF THE GOVERNMENT.

    THE MAJORITY DECISION THAT THE SMITH REGIME WAS THE DE FACTO GOVERNMENT OF RHODESIA WAS HAILED IN SALISBURY AS A VICTORY, IF ONLY A LIMITED ONE, FOR THE ILLEGAL GOVERNMENT. BUT LEGAL EXPERTS SAID THE RESULT WOULD DO LITTLE TO ENCOURAGE FOREIGN OBSERVERS THAT THE JUDICIARY AS A WHOLE HAD ACCEPTED THAT THE SMITH ADMINISTRATION HAD BEEN SUCCESSFUL IN IT'S REVOLT AGAINST BRITAIN.

    MR. LARDNER-BURKE COMMENTED ON THE DECISION IN A RADIO AND TELEVISION BROADCAST...

  • Tags

  • Data

    Film ID:
    VLVAIAX3X4QZ9XFMNK6AEO29213E
    Media URN:
    VLVAIAX3X4QZ9XFMNK6AEO29213E
    Group:
    Reuters - Including Visnews
    Archive:
    Reuters
    Issue Date:
    30/01/1968
    Sound:
    Unknown
    HD Format:
    Available on request
    Stock:
    Black & White
    Duration:
    00:01:29:00
    Time in/Out:
    /
    Canister:
    N/A

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