Difference between revisions of "John Fieldsend"

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| appointer  =  President [[Robert Mugabe]]<!--Can be repeated up to eight times by changing the number-->
 
| appointer  =  President [[Robert Mugabe]]<!--Can be repeated up to eight times by changing the number-->
 
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| successor  =  [[Godfrey Chidyausiku]] <!--Can be repeated up to eight times by changing the number-->
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| successor  =  [[Telford Georges]] <!--Can be repeated up to eight times by changing the number-->
| birth_name  = Antony Gubbay
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| birth_name  = John Charles Rowell Fieldsend
| birth_date        = {{Birth date and age|1932|04|26}} <!-- {{Birth date and age|YYYY|MM|DD}} -->
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| birth_date        = {{Birth date |1921|09|13}} <!-- {{Birth date and age|YYYY|MM|DD}} -->
 
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| death_date        = {{Death date and age|2017|02|22|1921|09|13}}
 
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| otherparty        =  <!--For additional political affiliations-->
 
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| spouse            = Wilma Sanger
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| education          = BA in Greek and in Classical Life and Thought, MA Law, LLM
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| education          = <!--BA in Greek and in Classical Life and Thought, MA Law, LLM
| alma_mater        = University of Essex<br> University of the Witwatersrand<br>Jesus College, Cambridge  
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| alma_mater        = <!--University of Essex<br> University of the Witwatersrand<br>Jesus College, Cambridge  
 
| occupation        =  
 
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| profession        = Judge
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| profession        = Lawyer, Judge
 
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'''Anthony Gubbay''' is the Zimbabwe Supreme Court Chief Justice. He was appointed in 1990 and resigned in 2001 after differences with the Robert Mugabe led government on the land issue in Zimbabwe.
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'''John Charles Rowell Fieldsend''' was the first Chief Justice of the Supreme Court of Zimbabwe. He was appointed in 1980 and served until February 1983.  He was succeded  Chief Justice [[Telford Georges]] who was succeeded the following year by Zimbabwe's first black judge, [[Enoch Dumbutshena]].<ref name="LegalMonitor">[http://www.zlhr.org.zw/wp-content/uploads/2016/07/LM-Edition-363-1.pdf    Four judges eye Chief Justice post], The Legal Monitor Edition 363-1 page 3 '' Published: November 21, 2016 , Retrieved: March 21 2017''</ref>.
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==Background==
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John Fieldsend was born in England on the 13th of September 1921, but was brought up in what was then Southern Rhodesia (Zimbabwe).<ref name="DavidColtart">[http://www.davidcoltart.com/2017/02/zimbabwes-first-chief-justice-dies/ Zimbabwe’s first Chief Justice dies], ''David Coltart'',Published:24 February 2017, Retrieved:20 March 2017</ref>
  
==Background and Education==
 
Anthony Gubbay was born in England on 26 April 1932. In 1952 Anthony Gubbay graduated from Wits with a BA in Greek and in Classical Life and Thought. He then read Law at Jesus College, Cambridge where he obtained an MA (1955) and later an LLM. He was admitted to practice in 1957 and the following year emigrated to Southern Rhodesia (as it was then). In 1958 he also married Wilma Sanger and, in Bulawayo, where they set up home, he commenced private practice as a junior advocate.<ref name="wits">[http://www.wits.ac.za/alumni/alumnirecognition/honorarydegreecitations/3612/anthonygubbay.html Honorary Degree Citation: Anthony Gubbay], ''Wits Univrsity '', Retrieved:2 February 2015</ref>
 
  
 
==Career==
 
==Career==
Anthony Gubbay advanced rapidly in his profession and by May 1974 had become a Senior Counsel. He was subsequently appointed as President of the Matabele and Midlands Valuation Board, National President of the Special Court for Income Tax Appeals, the Fiscal Court and Patents Tribunal and Chairman of the Law Development Commission of the Rhodesia Bar Association. In May 1977 he was sworn in as a Judge of the High Court. He was appointed Acting Judge of the Supreme Court in 1983, an appointment made permanent the following year.  
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After graduating with a law degree he practised as an advocate in [[Bulawayo]]. In 1962 he was appointed a judge of the High Court, but he resigned in 1968 in protest against the decision of the Appellate Court to grant judicial recognition to the government of Ian Smith after it had declared Unilateral Declaration of Independence. He returned to Britain, where he served in the office of the Lord Chancellor, until 1980.<ref name="DavidColtart"/>
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After Zimbabwe attained independence in 1980, Fieldsend was appointed the first Chief Justice of Zimbabwe for a fixed term and assumed office on 1 July 1980.  He served as Chief Justice until February 1983 when he was replaced by Chief Justice Telford Georges.
  
 
==As Chief Justice==
 
==As Chief Justice==
In 1990, Gubbay was appointed the Chief Justice of theSupreme Court of Zimbabwe. At 58, he was the youngest person ever to occupy this position.  
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During Justice Fieldsend's tenure the main area of conflict between the judiciary and the executive involved cases of detention without trial; that is, a deprivation of liberty permitted, subject to certain conditions, under the law of Zimbabwe, during a declared period of public emergency. The state of emergency, which had been declared by the Smith government at its unilateral declaration of independence on 11 November 1965, and extended repeatedly every six months, was kept in force by the new government for ten years.<ref name="DavidColtart"/>
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==Death==
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Justice Fieldsend died on Wednesday the 22nd of February 2017 after a long battle against lung cancer.  He was 95.<ref name="DavidColtart"/>
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==Tributes==
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Former government minister and lawyer [[David Coltart]], had this to say:
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<blockquote> hope is that lawyers will reflect on the exceptionally high standards set by Judge Fieldsend, both professionally and in his private life, and be inspired by them. Judge Fieldsend was a man of absolute integrity; a Judge who could be relied upon to act honourably at all times and to scrupulously ensure that justice was done at all times. He will be sorely missed. May his soul rest in peace.</blockquote> <ref name="DavidColtart"/>
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University of Kent Law Lecturer and constitutional law expert [[Alex Magaisa]] also said:
  
==Resignation as Chief Justice==
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<blockquote>It is my tribute to a remarkable man of law whose act of courage must remain an inspiration to those who stand for and defend the rule of law.
He resigned as Chief Justice in 2001 after war veterans were allowed to invade the Supreme Court building in Harare and dance on the tables and after the President of Zimbabwe had said ''"The courts can do whatever they want, but no judicial decision will stand in our way. They are not courts for our people and we shall not even be defending ourselves in these courts?"''<ref name="wits" />
 
  
==Achievements==
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...May there be a generation of lawyers that is inspired by the remarkable courage of men of law like Chief Justice Fieldsend.</blockquote><ref name="BigSR">[https://www.bigsr.co.uk/single-post/2017/02/23/Tribute-to-a-man-of-courage-Chief-Justice-John-Fieldsend Tribute to a man of courage: Chief Justice John Fieldsend], ''Alex Magaisa'', Published:23 February 2017, Retrieved:20 March 2017</ref>
He was the recipient of the Peter Gruber Foundation's Justice Prize for 2001 at Runnymead, UK. In 2002 the University of London awarded him an Honorary Doctorate of Law.<ref name="wits" />
 
  
  
==Latest Profiles==
 
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[[Category: births]][[Category:Dead people]]
 

Latest revision as of 15:00, 6 July 2018

John Fieldsend
Appointed byPresident Robert Mugabe
Succeeded byTelford Georges
Personal details
Born
John Charles Rowell Fieldsend

(1921-09-13)September 13, 1921
DiedFebruary 22, 2017(2017-02-22) (aged 95)

John Charles Rowell Fieldsend was the first Chief Justice of the Supreme Court of Zimbabwe. He was appointed in 1980 and served until February 1983. He was succeded Chief Justice Telford Georges who was succeeded the following year by Zimbabwe's first black judge, Enoch Dumbutshena.[1].


Background

John Fieldsend was born in England on the 13th of September 1921, but was brought up in what was then Southern Rhodesia (Zimbabwe).[2]


Career

After graduating with a law degree he practised as an advocate in Bulawayo. In 1962 he was appointed a judge of the High Court, but he resigned in 1968 in protest against the decision of the Appellate Court to grant judicial recognition to the government of Ian Smith after it had declared Unilateral Declaration of Independence. He returned to Britain, where he served in the office of the Lord Chancellor, until 1980.[2]

After Zimbabwe attained independence in 1980, Fieldsend was appointed the first Chief Justice of Zimbabwe for a fixed term and assumed office on 1 July 1980. He served as Chief Justice until February 1983 when he was replaced by Chief Justice Telford Georges.

As Chief Justice

During Justice Fieldsend's tenure the main area of conflict between the judiciary and the executive involved cases of detention without trial; that is, a deprivation of liberty permitted, subject to certain conditions, under the law of Zimbabwe, during a declared period of public emergency. The state of emergency, which had been declared by the Smith government at its unilateral declaration of independence on 11 November 1965, and extended repeatedly every six months, was kept in force by the new government for ten years.[2]

Death

Justice Fieldsend died on Wednesday the 22nd of February 2017 after a long battle against lung cancer. He was 95.[2]

Tributes

Former government minister and lawyer David Coltart, had this to say:

hope is that lawyers will reflect on the exceptionally high standards set by Judge Fieldsend, both professionally and in his private life, and be inspired by them. Judge Fieldsend was a man of absolute integrity; a Judge who could be relied upon to act honourably at all times and to scrupulously ensure that justice was done at all times. He will be sorely missed. May his soul rest in peace.

[2]

University of Kent Law Lecturer and constitutional law expert Alex Magaisa also said:

It is my tribute to a remarkable man of law whose act of courage must remain an inspiration to those who stand for and defend the rule of law. ...May there be a generation of lawyers that is inspired by the remarkable courage of men of law like Chief Justice Fieldsend.

[3]



References

  1. Four judges eye Chief Justice post, The Legal Monitor Edition 363-1 page 3 Published: November 21, 2016 , Retrieved: March 21 2017
  2. 2.0 2.1 2.2 2.3 2.4 Zimbabwe’s first Chief Justice dies, David Coltart,Published:24 February 2017, Retrieved:20 March 2017
  3. Tribute to a man of courage: Chief Justice John Fieldsend, Alex Magaisa, Published:23 February 2017, Retrieved:20 March 2017