Bennie Goldin

The Honourable
Bennie Goldin
QC
Judge of Appeal of the Appellate Division of the High Court of Zimbabwe
In office
8 May 1980 – 1981
Appointed byCanaan Banana
Justice of the High Court of Rhodesia
In office
1964–1980
Personal details
Born5 August 1918
Nesvizh, Byelorussia (now Belarus)
Died20 March 2003
SpouseHancy Goldin
ChildrenJonathan Goldin, Robert Goldin and Barbara Weinberg
Alma materUniversity of Cape Town (BA, LL.B)
OccupationLawyer, judge
Military service
Allegiance South Africa
Branch/serviceUnion Defence Force
Battles/warsWorld War II

Bennie Goldin QC (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

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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.[1][3] He entered South Africa's Union Defence Force during World War II, serving in Italy and North Africa.[3]

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After demobilisation, Goldin emigrated from South Africa to Southern Rhodesia.[3] There, he was called to the bar in the capital, Salisbury, and began practising law.[3] He became a judge in 1960 when he was appointed to the Valuations Court of Southern Rhodesia.[1] In 1962, he was named to the Southern Rhodesian Military Pensions Appeal Circuit.[1] He became a Queen's Counsel, In addition, he was leader of the Rhodesian bar from 1962 to 1965.[1] 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.[1][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."[5] 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.[7]

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.[9][10] He died in 2003.[11]

Personal life and honours

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Goldin was Jewish.[12] He and his wife, Hancy, lived in Salisbury (today Harare),[1] 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

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References

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  1. ^ a b c d e f g Wallach, Michael (1978). The Jewish Year Book. Jewish Chronicle Publications. p. 199. ISBN 9780900498695.
  2. ^ Greenberg, Martin Harry (1979). The Jewish lists: physicists and generals, actors and writers, and hundreds of other lists of accomplished Jews. Schocken Books. pp. 14. ISBN 9780805237115.
  3. ^ a b c d South African Law Journal. Juta. 2003. p. 14.
  4. ^ Southern Rhodesia News Review. Office of Southern Rhodesia Affairs, British Embassy. 1964.
  5. ^ a b Magaisa, Alex T. (7 April 2016). "A brief history of judicial capture in Zimbabwe". Big Saturday Read. Archived from the original on 20 March 2019. Retrieved 20 January 2018.
  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. doi:10.1017/S0022278X00055841. S2CID 145094512 – via Cambridge Core.
  7. ^ a b Kilpatrick, James J. (17 May 1973). "Case of Mr. Niesewand". The Port Arthur News. Retrieved 5 February 2018.
  8. ^ Kayizzi-Mugerwa, Steve; Olukoshi, Adebayo O.; Wohlgemuth, Lennart; Afrikainstitutet, Nordiska (1998). Towards a New Partnership with Africa: Challenges and Opportunities. Nordic Africa Institute. p. 69. ISBN 9789171064226.
  9. ^ a b Legal Forum. Legal Resources Foundation. 2000. p. 100.
  10. ^ South African Law Journal. Juta. 2003. p. 18.
  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. doi:10.1080/03057070701475799. JSTOR 25065232. S2CID 144731347.
  12. ^ Wagner, Maurice (1978). "Rhodesia". The American Jewish Year Book. 78: 515. JSTOR 23604322.
  13. ^ Gelfand, David (July 2014). Bloom, Dave (ed.). "Hebrew Congregation of Harare, Zimbabwe" (PDF). Zimbabwe Jewish Community. p. 31. Archived from the original (PDF) on 25 January 2019. Retrieved 14 February 2019.
  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. doi:10.1017/S0022278X00055841. JSTOR 161596. S2CID 145094512.
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