§ 2.36 p.m.
§ LORD BROCKWAYMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government when in Rhodesia the application for habeas corpus in the case of Mr. Madhzimbamuto (who has been in prison for nearly two years without a charge against him) was first made; when judgment was delivered by the General Division of the Rhodesian Court; when the appeal was heard by the Appellate Division; and when they expect the Appellate Division to deliver judgment.]
§ THE LORD CHANCELLOR (LORD GARDINER)My Lords, the application for habeas corpus was first made on March 14, 1966. Subsequently the application was amended to substitute an application to set aside the Order detaining Mr. Madhzimbamuto in prison. Judgment was delivered on September 9, 1966. The appeal was heard between January 30 and February 11, 1967. It was announced on April 28, 1967, that the judges had themselves raised new points on which they invited argument and that this would further delay the delivering of judgment.
§ LORD BROCKWAYMy Lords, did I hear correctly that the application was made as long ago as March of last year, which is a period of fifteen months? Is it not the recognised practice, in a case of an application for habeas corpus, that it is regarded as an urgent matter on the alleged ground that somebody has been imprisoned unjustifiably? Is there any justification for this long delay in reaching a decision about habeas corpus?
§ THE LORD CHANCELLORMy Lords, in the first place it must be remembered that this is obviously a very important, and not necessarily easy, case. Secondly, the Chief Justice has recently had an operation, from which I am very glad to hear that he is now successfully recovering. It is, of course, the practice throughout the Commonwealth to put everything on one side for an application in the nature of habeas corpus so that it may be determined at an early date. I do not know of any other case in which it has taken anything like as long as this to determine.
§ LORD BROCKWAYMy Lords, may I ask whether this man has the right of appeal to the Privy Council; and, if so, does not doubt inevitably arise as to whether the issue is being deferred because, if it did go to the Privy Council, it would be a matter of the legality of the decrees and perhaps the legality of the Rhodesian Government themselves?
§ THE LORD CHANCELLORMy Lords, I think that implicit in the noble Lord's question there is really a reflection on the Judiciary of Rhodesia, with which I should certainly not wish to associate myself. There is a right of appeal to the Privy Council, but it cannot be exercised until the appeal has been determined.