22-APR-1991 17:38
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.11
30
Mr. Blom-Cooper, 2.C., who intervened
on behalf Of
He
the Attorney General, submitted that the do. fucto judge principle had never been received into English law.. relied upon the fact that, if it had R. v. Cronin (infra): would have been decideá differently.
At pages 211 et seq the learned President considered State V. Carroll (supra), re Aldridge (supra) and Six Owen Dixon's article in Res Judicata (supra). He accepted that Cronin was inconsistent with the doctrine but adced that;
doctrine
is of the essence of the common law that its rules even though fallen into aisuse may be revived it circumstances develop in which they may prove to be again
value
J
·
J
The learned Presicent was satisfied that the extendeu to the acts of a judicial officer. However, he refuseu relief on the basis that Macaulay appointment was a known one and the circumstances which rendered it invalia in the eye of English .aw must have
been notorious
In effect, what ne said was that there notoriously known defect in the appointment of this judge, ano thus there was no colour to his appointment.
was 2
Adams
•
V.
Adams
ia the most recent English
authority of great weight in support of the existence of the doctrine, even though, on the very special facts of that case it did not Assist the wife.
Queen. v. Cawthorne (1977) 17 S.A.S.R. 321 raised issues relating to the validity of the appointment of Industrial Registrars (including deputies) under the provisions of the Industrial Conciliation and Arbitration Act 1972-5. Under that Act, all applications for registration were requirea to be dealt with by the Industrial Registrar, which term included the Deputy Industrial Registrar At the time that this application WAS made there was an Industrial Registrar and two deputies but all three of them were members of the Public Service Association and as that Association was involved in the dispute they toox the view chat tney were disqualified from hearing the application.
•
was Mr. Cawthorne
an Incustrial Magistrate, was accordingly appointed by the Puolle Service Board a "temporary Industrial Reyistrar" in order to hear
He started heari09 application.
che application anu
ais jucg...ent.
anu he
02
this
nearu
Besora
evidence and Suomissions ала reserveu he had given any decision, the validity of n118 appointm
90'd 0490 698 ZS8
09 U
18:21 22-79-1661