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Kasukuwe mourns Stella Madzimbamuto

by Mandla Ndlovu
03 Jul 2020 at 10:20hrs | Views
Saviour Kasukuwere has issued a condolence message to Zimbabweans on the passing away of Stella Madzimbamuto a struggle stalwart who is known for leading a legal challenge against the racist minority regime of Ian Smith's declaration of Universal Declaration of Independence.

Said Kasukuwere, "Deepest condolences on the passing of Mama Stella Madzimbamuto(née Nkolombe). An Icon of the struggle for Zimbabwe's independence who has left an indelible mark in our jurisprudence. She challenged UDI all the way to the Privy Council. Born and bred in SA but fought for Zimbabwe."

The late Stella is the power behind the Madzimbamuto v Lardner-Burke and another [1968] UKPC 18 a decision of the Judicial Committee of the Privy Council on UK constitutional law which was concerned with the legality of the Unilateral Declaration of Independence made by Rhodesia in 1965.

Shortly before UDI, the colonial legislature had enacted a series of Emergency Power Regulations. Daniel Madzimbamuto, then a Zimbabwean Nationalist, was detained under section 21 of the Regulations as a person "likely to commit acts in Rhodesia which are likely to endanger the public safety, disturb or interfere with public order or interfere with the maintenance of any essential service". The 1965 Regulations expired in 1966. The state of emergency was then prolonged by the post-UDI legislature which also issued a series of new Emergency Regulations. Madzimbamuto's detention was renewed under these new Regulations.

Madzimbamuto's wife, Stella, challenged the legality of her husband's detention on the ground that the prolongation of the state of emergency was unlawful. Rhodesia's Minister of Justice, Desmond Lardner-Burke, who had made the Order for Madzimbamuto's continuing detention, was named as Respondent.

The case was first heard in the High Court of Southern Rhodesia. Lewis J. (Goldin J. concurring) found Madzimbamuto's detention to be lawful. Though he acknowledged that Rhodesia's 1965 Constitution, made without reference to the British Parliament and proclaimed through the UDI, was not lawfully made he nevertheless decided to recognize the legislative power of the new Rhodesian government as doing otherwise would create a legal vacuum. Therefore, the actions of the post-1965 Smith government, including the renewal of Madzimbamuto's detention, were lawful.

Source - Byo24News