2001 JUSTICE NEWS


Anthony Roy GubbayThe Honorable Chief Justice Anthony Roy Gubbay was born in Manchester, England, on April 26, 1932, but has made Zimbabwe his home for most of his life. He earned is BA degree from the University of the Witwatersrand, South Africa, and his M.A. and his L.L.M. degrees from Cambridge University. He was admitted to practice law June 6, 1957. Two years later, he was one of a team of advocates that challenged the detentions without trial of 100 members of the former African National Congress.

He served as president of the Matabeleland and Midlands Valuations Boards, as national president of the Special Court for Income Tax Appeals, the Fiscal Court and Patents Tribunal and the vice-chairman of the Bar Association.

In 1977, he was sworn in as a judge of the High Court where he established a reputation for fairness and wisdom, and served as acting Chief Justice five times before being appointed to that prestigious position in 1990.

Under his direction, the Supreme Court struck down a substantial body of legislation and administrative action the justices considered to be in violation of fundamental protections and freedoms enshrined in the Constitution of Zimbabwe.

In an influential paper entitled "Independence of the Judiciary and Judicial Accountability: The Latimer House Guidelines" Justice Gubbay declared:

"What is required of a judicial officer is the rendering of an honest and balanced opinion based on the law and facts. This task is far from simple. It demands wisdom as well as knowledge, conscience as well as insight, sense of balance and proportion, and if not absolute freedom from bias and prejudice, at least the ability to detect and discount such feelings so that they do not becloud the fairness of the judgment. Clearly these necessary qualities will be endangered substantially unless Judges are protected from political, economic and other influences."

Further, he said judges must protect and enforce the rule of law and "resist any encroachment by governments and political parties against their independence."

The Chief Justice persisted in doing just that despite tremendous political pressure and even threats of bodily harm.

The recipient of many honors, Justice Gubbay is an Honorary Fellow of Jesus College, Cambridge, an Honorary Bencher of Lincoln's Inn, United Kingdom, Patron of the Commonwealth Magistrates' and Judges Association, and a member of the Permanent Court Of Arbitration, of the International Law Association Committee on Human Rights Law and Practice and of the Commonwealth Judicial Education Institute.

He has been married since 1958 to Wilma Sanger, and they have two sons.



The Law Society of Zimbabwe

The Law Society of Zimbabwe represents the views of the legal profession; its charge is to maintain the integrity of that profession in Zimbabwe.

In recent years, the Society has taken a stand in support of the rule of law and in defense of the independence of the judiciary. It has protested strongly the encroachment of the executive on the judicial system, demanded enforcement of court rulings, and decried attacks on the court and its officers.

The Society's actions in support of justice have taken the form of public statements, petitions, and public demonstration. The organization was adamant in its support of Chief Justice Anthony R. Gubbay as he endured and withstood intense pressure to bend the law to support political ends.

Every registered legal practitioner residing in Zimbabwe has a right to be a member of the Law Society. The current membership is just over 800 legal practitioners, 600 of them in private practice and 200 in commerce.

The Society maintains a register of all legal practitioners registered to practice law in Zimbabwe. It is responsible for all disciplinary matters involving legal practitioners, the professional interests of legal practitioners, the encouragement of and promotion of the study of law and jurisprudence including securing efficiency and responsibility on the part of those seeking to practice law in Zimbabwe. It has other functions commonly associated with a statutory body whose responsibility is representing the views of legal practitioners and controlling and disciplining legal practitioners practicing within its jurisdiction.

An eleven-member Council runs the affairs of the Society. Two members are appointed by the Minister of Justice, Legal and Parlimentary Affairs. The other nine are elected.

President of the Law Society is Sternford Moyo, a native of Zimbabwe who has practiced law there for 20 years, specializing in litigation, corporate law and project finance work.

He received his degrees from the University of Zimbabwe, earning the Butterworth prize as the most outstanding Bachelor of Laws graduate in 1981.

A senior partner in the firm of Scanlen & Holderness, he also is a director of Stanbic Bank of Zimbabwe Limited and has served on the Board of Directors of the Posts and Telecommunications Corporation of Zimbabwe.

Mr. Moyo is a member of the Judicial College of Zimbabwe, a constitutional body with responsibility to render general advice on the appointment of judges and other persons.

He is married to Sara Nyaradzo Moyo, a partner in Honey and Blanckenberg. The have three children.


THE CITATION

"Justice Anthony R. Gubbay, former Chief Justice of Zimbabwe, has shown exemplary courage in upholding the independence of the judiciary and in protecting the rights of the people of Zimbabwe.

The Law Society of Zimbabwe, under the leadership of its then president Sternford Moyo, spoke out courageously for the independence of the Bar and the Bench of Zimbabwe, in particular by its support for the Chief Justice and the judiciary of Zimbabwe."