Madzimbamuto v Lardner-Burke [1969] AC 645

Facts:
  • Crown colony of Southern Rhodesia, which had been self-governing since 1923, declared independence from Britain in 1965
  • British government considered its UDI to be illegal and refused to recognize the legitimacy of the Rhodesian government
  • Before 1965, Madzimbamuto was detained under section 21 of the Regulations
  • Madzimbamuto's wife challenged the legality of her husband's detention, on the grounds that the prolongation of the state of emergency was unlawful

Issue:
  • Whether a convention would be enforceable and have legal position of United Kingdom and Southern Rhodesia

Held:
  • The case reached the Privy Council who rejected the Rhodesian Minister for Law and Order's argument that because of the convention, the United Kingdom legislation overriding the Rhodesian detention law was invalid

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