22-APR-1991 17:38
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.10
1
2
31
Denniston, J. also citea some observations of the United States Supreme Court in Norton v.
in Norton v. Shelby County 118 US Rep. 425, 441 where it was stated:
"
A
Offices are created for the benefit of the public, and private parties are not permitted to inquire into the cicle of persons clothed with the evidence of such offices, and in apparent possession of their powers and Functions. For the good order and peace of society, their authority is. co pe respected and obeyed until, some regular mode prescribed by law, their title is investigated and. determined.
Where an office exists. under the law, it matters not how the appointment of the incumbent is made far as the validity of his acts are concerned. It is enough that he is clothed with che insignia of the office and exercises its powers and functions
•
10
Relying heavily on State v. Carroll and Norton v. Shelby County, Richmond, Denniston, and Conolly, JJ. held
a judye de facto, that the judge in question was
both ae · All five acting under colour of right and otherwise. juuyes of the New Zealand. Court of Appeal, held that the validity of the conviction and sentence could not be into question in such a proceeding.
•
•
+
i
called
In Adams v. Adams (1971) P. 188, Sir Jocelyn Simon, president of the Probate Divorce and Admiralty
wife that her Division had to consider a claim by a Rhodesian divorce was valid. The judge who granteu che decree had been appointed by the post U.D.1. government. The wife. conceded that the 1961/4 constitution was the only valid constitution but contenued that the judge's decree should be recognised eitner under the doctrine of necessity or under the de facto
facto judge principle.
the oasis
+
The learned President dismissed the petition on
that;
It would be a constitutional anomaly for our courts to recognise the validity of the acts of Macaulay, 4. as a de facto juuge, while the executive acts of those appointing hiur (which must include nis very appointment) are refused recognition de facto by the executive
nete
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SA'2 B190 698 299
02:21 22-PQ-1661