Oliver Schreiner
Transvaal Provincial Division | |
---|---|
In office 1 August 1937 – 31 December 1944 | |
Appointed by | J. B. M. Hertzog |
Personal details | |
Born | 29 December 1890 William Philip Schreiner |
Education | Rondebosch Boys' High School |
Alma mater | South African College Trinity College, Cambridge |
Oliver Deneys Schreiner MC KC (29 December 1890 – 27 July 1980), was a judge of the Appellate Division of the Supreme Court of South Africa. One of the most renowned South African judges, he was passed over twice for the position of Chief Justice of South Africa for political reasons. He was later described as "the greatest Chief Justice South Africa never had".
Early life
Schreiner was born in Cape Town in 1890, the son of
Schreiner attended the
His studies were interrupted by the First World War: he was commissioned into the British Army, and served with the Northamptonshire Regiment and the South Wales Borderers. he was wounded in the right arm at Trônes Wood during the Battle of the Somme, and received the Military Cross.[1] After recovering from his injuries, he was sent to Mesopotamia, but his ship was torpedoed en route. He was demobilized with the rank of Captain.
Legal career
After the war Schreiner completed his legal studies and was called to the English bar at the
On 15 February, he was appointed an acting judge of the
On 1 January 1945, he was promoted to the
During the
Passed over for the Chief Justiceship
Schreiner was twice passed over for appointment as
When Fagan retired two years later, Schreiner was again passed over, this time losing out to Steyn.[6] Schreiner was later described by Ellison Kahn as "the greatest Chief Justice South Africa never had".[1]
Politically, Ellison Kahn classifies Schreiner as a traditional Cape liberal: he opposed racism, and in old age refused to sit on whites-only bus seats. In 1970, he refused to be renominated as President of the Cripple Care Association of the Transvaal because its constitution had been amended to restrict membership to whites only.
Honours and awards
After his retirement he served on the University of the Witwatersrand Council and as president of the South African Institute of Race Relations.[4] A long-serving member of the Council of the University of the Witwatersrand (Wits) he was elected unopposed as Chancellor of the university, serving from 1962 to 1974. He also sat on the appellate courts of various African territories. He was awarded three honorary doctorates: from the University of Cape Town (1958), Witwatersrand (1961) and Rhodes (1963). In 1967, he delivered the Hamlyn Lectures at Cambridge.[3] The main building at the University of the Witwatersrand Law School is named for him.
References
- ^ a b c d Kahn, Ellison (1980). "Oliver Deneys Schreiner--The Man and his Judicial World". South African Law Journal.
- ^ a b Paton, Alan (1964). Hofmeyr.
- ^ a b c Zimmermann, Reinhard; Visser, Daniel (1996). Southern Cross: Civil Law and Common Law in South Africa. Cape Town: Juta.
- ^ a b Moseneke, Dikgang (2008). Oliver Schreiner Memorial Lecture: Separation of Powers, Democratic Ethos and Judicial Function (Speech).
- ^ a b Loveland, Ian (1999). By Due Process of Law: Racial Discrimination and the Right to Vote in South Africa, 1855-1960. pp. 256–257.
- ^ Cameron, Edwin (1982). "Legal Chauvinism, Executive-Mindedness and Justice--L C Steyn's Impact on South African Law". South African Law Journal.