Bennie Goldin Explained

Bennie Goldin
Honorific Suffix:QC
Honorific Prefix:The Honourable
Office:Justice of the Supreme Court of Zimbabwe
Death Date:20 March 2003
Birth Date:5 August 1918
Termend:1981
Termstart:8 May 1980
Office1:Justice of the High Court of Rhodesia
Termstart1:1964
Termend1:1980
Spouse:Hancy Goldin
Children:Jonathan Goldin, Robert Goldin and Barbara Weinberg
Birth Place:Nesvizh, Byelorussia (now Belarus)
Appointer:Canaan Banana
Alma Mater:University of Cape Town (BA, LL.B)
Allegiance: South Africa
Branch:Union Defence Force
Battles:World War II
Occupation:Lawyer, judge

Bennie Goldin (5 August 1918 – 20 March 2003) was a Byelorussian-born, Zimbabwean lawyer and judge. He was a justice of the Supreme Court of Zimbabwe from 1980 to 1981. Previously, he served on the High Court of Rhodesia from 1964 to 1980. Born in Nesvizh, Byelorussia (now Belarus), he grew up in Cape Town (South Africa), immigrated to Salisbury (Southern Rhodesia) (as it then was) after World War II, and later returned in 1981 to Cape Town where he served as a judge in Transkei.

Early life, education, and military service

Goldin was born in Belarus, on 5 August 1918.[1] [2] His family moved to South Africa before World war Two, He attended Sea Point Boy's High School in Cape Town before attending the University of Cape Town, where he received his Bachelor of Arts and Bachelor of Laws.[3] He entered South Africa's Union Defence Force during World War II, serving in Italy and North Africa.

Legal career

After demobilisation, Goldin emigrated from South Africa to Southern Rhodesia. There, he was called to the bar in the capital, Salisbury, and began practising law. He became a judge in 1960 when he was appointed to the Valuations Court of Southern Rhodesia. In 1962, he was named to the Southern Rhodesian Military Pensions Appeal Circuit. He became a Queen's Counsel, In addition, he was leader of the Rhodesian bar from 1962 to 1965. He served on both the Valuations Court and the Military Pensions Appeal Circuit until 1964, when he became a justice of the High Court of Rhodesia.[4]

Like the entire Rhodesian judiciary, Goldin faced a dilemma regarding the illegality of Rhodesia's Unilateral Declaration of Independence (UDI) in 1965.[5] He later wrote about the experience of the Rhodesian judges (including himself), "When faced with a distinct likelihood of a declaration of independence, they were obviously concerned about it as judges and citizens." Though Goldin was sympathetic to both Governor Sir Humphrey Gibbs and Chief Justice Sir Hugh Beadle, he strongly disagreed with Beadle's eventual recognition of the Rhodesian government's claims of sovereignty.[6] In 1973, Goldin heard the appeal of Peter Niesewand, a Rhodesian journalist convicted for "revealing official secrets."[7] The High Court reversed his conviction, with Goldin and Justice Hector Macdonald concurring with the opinion written by Chief Justice Beadle.

The white Rhodesian government ended with Zimbabwe's independence in April 1980. On 8 May 1980, Goldin was appointed, effective immediately, to the Supreme Court of Zimbabwe, which superseded the Rhodesian High Court.[8] He sat on the Supreme Court until 1981, when he retired and moved back to South Africa.[9] There, he became a judge on the Supreme Court of Transkei, one of the bantustans, or unrecognised "states" within South Africa set up for black inhabitants.[10] He died in 2003.[11]

Personal life and honours

Goldin was Jewish.[12] He and his wife, Hancy, lived in Salisbury (today Harare), where they were active members of their synagogue.[13]

In 1990, he published a book, The Judge, the Prince, and the Usurper – from UDI to Zimbabwe.[14]

Professor Michael Gelfand was a close friend with whom he co-authored several books including "African Law and Custom" which dealt with Shona law. Other books he published were: "Unhappy Marriage and Divorce" and "In and Out of Marriage".

See also

Notes and References

  1. Book: Wallach, Michael. The Jewish Year Book. Jewish Chronicle Publications. 1978. 199. 9780900498695 . en.
  2. Book: Greenberg, Martin Harry. The Jewish lists: physicists and generals, actors and writers, and hundreds of other lists of accomplished Jews. registration. Schocken Books. 1979. 14. 9780805237115 . en.
  3. Book: South African Law Journal. 2003. Juta. 14. en.
  4. Book: Southern Rhodesia News Review. 1964. Office of Southern Rhodesia Affairs, British Embassy. en.
  5. News: A brief history of judicial capture in Zimbabwe. Magaisa. Alex T.. 2016-04-07. Big Saturday Read. 2018-01-20. 20 March 2019. https://web.archive.org/web/20190320191932/https://www.bigsr.co.uk/single-post/2016/04/08/The-Big-Saturday-Read-A-brief-history-of-judicial-capture-in-Zimbabwe. dead.
  6. Sklar. Richard L.. December 1996. Duty, Honour, Country: Coping with Rhodesia's Unilateral Declaration of Independence. The Journal of Modern African Studies. 34. 4. 701–714. Cambridge Core. 10.1017/S0022278X00055841. 145094512 .
  7. News: Case of Mr. Niesewand. Kilpatrick. James J.. 1973-05-17. The Port Arthur News. 2018-02-05.
  8. Book: Kayizzi-Mugerwa . Steve . Towards a New Partnership with Africa: Challenges and Opportunities . Olukoshi . Adebayo O. . Wohlgemuth . Lennart . Afrikainstitutet . Nordiska . 1998 . Nordic Africa Institute . 9789171064226 . 69 . en.
  9. Book: Legal Forum. 2000. Legal Resources Foundation. 100. en.
  10. Book: South African Law Journal. 2003. Juta. 18. en.
  11. Facchini. Manuele. September 2007. The 'Evil Genius': Sir Hugh Beadle and the Rhodesian Crisis, 1965-1972. Journal of Southern African Studies. 33. 3. 675. 10.1080/03057070701475799. 25065232. 144731347.
  12. 1978. Rhodesia. The American Jewish Year Book. 78. 515. 23604322. Wagner. Maurice.
  13. Web site: Hebrew Congregation of Harare, Zimbabwe. Gelfand. David. July 2014. Bloom. Dave. Zimbabwe Jewish Community. 31. 2019-02-14. 25 January 2019. https://web.archive.org/web/20190125130953/http://www.zjc.org.il/pdf_files/SALISBURY%20HEBREW%20and%20SEPHARDI%20CONGREGATION2%20-%20version%203.pdf. dead.
  14. Sklar. Richard L.. December 1996. Duty, Honour, Country: Coping with Rhodesia's Unilateral Declaration of Independence. The Journal of Modern African Studies. 34. 4. 701–714. 161596. 10.1017/S0022278X00055841. 145094512 .