SOAS Research Online

Abstract

This thesis is concerned with the development and administration of Rhodesia's Criminal Law in the light of the country's historical development. Its aim is to discover whether the law as it stands today serves the best interests of the nation. It does not attempt to cover the entire field of criminal law and procedure but concentrates, instead, on highlighting aspects of the law in which there appears to be considerable need for modification if the welfare of all citizens is to be promoted. Part I summarises the historical development of the country since 1890. Particular emphasis is placed on political developments because many of the ensuing Chapters will show the strong bonds between political realities and the criminal law in Rhodesia. Part II analyses the system of courts and the rules of criminal procedure, demonstrating how closely they are modelled along English lines. Chapter Four deals specifically with the problem of Jury trials and shows the difficulties involved in transplanting a judicial system to a country with a completely different kind of society. Part III is devoted to Common Law offences against persons and property, showing how the Roman-Dutch common law has been modified by the courts to form Rhodesian Common Law. The strong influence of South African Judgements is also noted. Part IV discusses aspects of Rhodesian Criminal Law which reflect the tiny European population's control over the legislature. Chapter Twelve emphasises that the values of this powerful minority, although they may be at variance with the values of the majority of the population, have come to dominate important sections of Rhodesian Criminal Law, The study concludes with the hope that the citizens of Rhodesia will become more vigilant about the need to re-orientate their criminal law to serve the true interests of their nation.