(Author: Norman Sher, Vol. 67, No. 1, Pesach 2012)
EDITOR’S NOTE : In our Chanukah 2011 issue, we published Norman Sher’s account of his years as a member of the Department of Justice Prosecutor’s Staff in Johannesburg during the early 1960s. In this follow-up memoir, Mr Sher describes his subsequent career in the Rhodesian courts during the early years of UDI. The illustrations of some of the personalities mentioned in this article are by Norman Sher’s son, Eric, a Johannesburg-based graphic artist.
- Feature image: Rhodesian Chief Justice Anthony Gubbay (sketch by author)
Following our marriage, my young bride and I returned to Rhodesia in 1965, where I went into partnership with Sherwood Wilmot, a Member of Parliament and the shadow Minister of Justice. Through him, I met the Prime Minister, Ian Smith, and his wife, Janet, both delightful people and completely down to earth.
I decided to concentrate on criminal work and my prosecuting experiences made a tremendous difference. I soon acquired a reputation in this field and was in court almost every day. One of the most tragic memories of my entire legal career occurred when I defended a young man accused of attempted murder. The complainant was a beautiful young woman who maintained that my client had tied her to a tree and attempted to murder her with a knife. I managed to get my client acquitted and my comments were published in the local newspaper. Three weeks later, to my extreme remorse, the girl was brutally murdered by my client. The latter approached me from the death cell asking me to assist him with an appeal,something I adamantly refused.
The Rhodesians accepted my wife with open arms and the friendships I made have endured until this very day. I was very friendly with the Irish community through my friend, Mike McGoey, who had been my articled clerk at Lazarus & Sareff. I recall attending a farewell party for one of his friends, at which Paddy McCarthy, one of the local Magistrates, was present. On his way home the person for whom the party was given was arrested for drunken driving, and the following morning, I appeared before McCarthy to defend him. McCarthy expressed extreme disapproval at drinking and driving. It was indeed a peculiar comment to make as Paddy was renowned for his drinking abilities. The other Irish Magistrate was Jack Riley, a real personality. In those days, the Magistrate used to play the roles of District Commissioner in the outside rural areas. Many months later, I appeared before Riley in one of the rural areas and before lunch he informed me that he was adjourning the court until the following morning. When I said that I had to get back to Bulawayo, here joined that this was impossible as the trial could then not be proceeded with. He called me in his chambers and said “You are an idiot, as I wanted you to stay over as my guest.” The District Commissioner lived like kings, with their beautifully dressed servants and a full time chef. We had a great evening together with a gourmet meal. I also renewed my friendship with Anthony(Tony) Gubbay, a Jewish barrister who later became Chief Justice. I used to brief Tony when he was a young bachelor and a junior member of the bar. Like me, he loved his tennis and every Wednesday afternoon would see us battling it out on the tennis court. He and his late wife, Wilma, were often guests at our home. I still correspond with Tony, who now lives in retirement in London.[/vc_column_text][/vc_column][/vc_row] Chief Justice Tony Gubbay (artist: Eric Sher) Three weeks after we arrived in Bulawayo, UDI was declared. This led to a complete change of lifestyle and tremendous shortages of petrol. Luckily for us, my parents-in-law sent us petrol from South Africa, which arrived in convoys. Joshua Nkomo was my client, and a more colourful character you could not hope to meet. My wife and I recall with pleasure the time we met him at the Victoria Falls, when he entertained us to a magnificent meal concluding with after- dinner cocktails prepared by himself (and which nearly set us alight!). There was tremendous support for Ian Smith. His picture was prominently displayed in all businesses and offices, with the caption, “Good Old Smithy!” Sir Hugh Beadle was then the Chief Justice. He was a magnificent orator, something fully demonstrated when he gave a lecture to the law society (of which I was a member) and told us all about the so-called ‘Tiger Talks’, the abortive negotiations between Smith and British Prime Minister Harold Wilson that took place of the H.M.S. Tiger. He commented that Smith and Wilson had behaved like two school children. Joshua Nkomo (artist: Eric Sher) The legal profession was conducted in a very honest and straightforward manner. You could trust and rely upon your colleagues, which was certainly not the case in Johannesburg. (We have since been besieged by a new breed of lawyers who have no scruples whatsoever). The relationship between prosecutors and attorneys was an open one. Prosecutors used to hand attorneys their dockets for perusal and inspection, which was in complete contrast to the practice employed in my prosecuting days. Despite UDI, life in Bulawayo was care- free and easy, without the pressures of the big city. My tennis matches were particularly enjoyable, with my great rival Sammy Sher (no relation) and I on one occasion contesting the club final which Sammy won in five sets. The following day an article appeared in the paper stating that “Sammy Sher had beaten his younger brother, Norman in a thrilling final.” The author, by Eric Sher I returned to civil litigation, and recall representing a Greek trader who traded as “Pick I ́Pay”. The big Pick I ́ Pay in South Africa brought an interdict against him, which was overturned as he had been trading before that name had become known in South Africa. He was awarded a substantial claim to cease trading under the Pick I ́ Pay name and, in typical Greek tradition, he threw a special banquet for my wife and I. I was involved in a number of important High Court matters. My favourite counsel was Advocate Charles Allan, Q.C., Chief Legal Adviser for the British Admiralty in London. It was wonderful dealing with Charles. At the end of his cross-examination, he used to turn to me and say, “Have you any further questions old chap?” He and his wife, Laura, became our bosom friends and we spent many eventful evenings together. A particular case I recall (which was reported in the law reports) concerned acting for an elderly Jewish gentleman who was being sued for the refund of estate agent’s commission as it was alleged that he was not a registered property salesman. In court, Charles asked him if he was in possession of an estate agent’s certificate, whereupon my client produced a crumpled certificate from his pocket, and that put an end to the Plaintiff’s case. During UDI, new legislation was imposed. One of the changes was that it was an offence to incite people to encourage an atmosphere of fear and despondency. My client, Morse by White, was one of the first persons to be charged under this law. Charles, after a brilliant court appearance, managed to get him discharged. In those days, disputes between blacks were resolved by an African Affairs Commissioner, a certain Mr Alec Saunderson. He was extremely fair and administered justice as it should be. I recall appearing in the Water Court, which is the only court with High Court jurisdiction in which an attorney has the right of appearance. The presiding judge was Sir Hugh Beadle who, beside his impeccable knowledge of the law, was known for his abruptness and short temper. During my cross-examination, he announced the court would adjourn and I was to appear in chambers. There, he told me that I had no knowledge of water law and should consult the relevant authorities, while he would postpone the matter for two weeks. On the strength of his recommendations, I prepared adequately and obtained a favourable result. During this period, terrorist attacks were frequent and alarming. I was once in a rural part of the country on a criminal case and I slept over at my client’s farm. During the night, I was rudely awakened by rifle shots. My client told me to look through the window, which his three sons and daughters were guarding with rifles. I must admit I froze in my boots. Luckily, the incident passed over without any casualties. The political position in Bulawayo having changed dramatically, we decided to return to South Africa. We were given a magnificent farewell party, presided over by our great friend Dr Bernie Tatz, chairman of the Jewish community. He presented us with a beautiful set of travelling cases, remarking that this was “the biggest case that Norman has ever handled.” We left with wonderful memories of our stay in Bulawayo, which remain firmly implanted in ourlives.
Chief Justice Sir Hugh Beadle (artist: Eric Sher)
Norman Sher studied at the University of the Witwatersrand, and for many years was a partner at Werksman’s Attorneys. He has served on the committees of the Law Society of South Africa and of Rhodesia, and today runs his own attorneys firm.
