John Gilbert Kotzé
Encyclopedia
Sir John Gilbert Kotzé was an eminent South African jurist.
Born in Cape Town
, educated there at Tot Nut van het Algemeen
and the South African College
. Further legal training and qualifications were obtained in Britain
as a student at the 'Hon. Society of the Inner Temple in London
, where he met his wive Mary Aurelia Bell, who is 18th in decent from King Edward I. pp. 137
Became barrister
of the Inner Temple
and practiced in Cape Town and Grahamstown
1874-76. Appointed judge of the High Court of the Transvaal in 1877, becoming Chief Justice in 1881. He, together with the rest of the High Court, was unceremoniously dismissed by Kruger following a dispute - as a result of his judgement in the case over (mining rights). Referral is made in Jan Smuts in the South African Republic
# Brown v. Leyds and in his Book Memoirs and Reminiscences . It is further noted, Sir Kotze in 1893 had stood as a rival to Kruger in the presidential elections and was seen by Kruger as his long term political rival. Kruger, on this particular occasion was enraged at the judgement of the High Court in the case of Brown v. Leyds, he dismissed the Chief Justice, Sir JG Kotzé in 1898 as President Kruger held his own opinion on the case outcome. The circumstances surrounding this judgement are worth exploring as they are illustrative of the Legal and general state of public administration in the Transvaal at the time during the British Rule and the Volksraad's Constitution, a "document born of political compromise between warring factions rather than any kind of coherent legal document". The Constitution was seen as "so vague and obscure in so many areas that it had never been treated with the seriousness and respect which such a document usually merits. The function of this particular function or Jurisdiction of the Court is defined by the Supreme Court web page as "the Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court". http://www.justice.gov.za/sca/historysca.htm
Kruger’s action was widely seen as unwarranted interference with the independence of the judiciary." The Second Boer War
soon followed in 1899, with every Boer town in the hands of the British, "President Kruger fled/went in exile in the Netherlands
". Over 26,000 women and children were to perish in the War's concentration camps.
In 1898, Sir J. G. Kotze resumed legal practice in Pretoria
. Became Attorney-General of Southern Rhodesia
in 1900. Appointed judge of the Eastern Districts Court of the Cape Colony
in 1903, becoming Judge-President in 1904. Appointed judge of the Supreme Court of the Cape in 1913, becoming Judge-President in 1920. Judge of Appeal from 1922, retiring in 1927.
Sir John. G. Kotze was Knighted in 1917.
To conclude some historic career highlights, it is noted in a nutshell by the SCA Homepage that "the judicial career of Sir John Gilbert Kotzé (1849-1940) spanned 50 years from his appointment in 1877, when he was a mere 27 years old, until his retirement in 1927. As chief justice of the Transvaal Republic, during the Kruger dispute, Sir Kotze held that the courts had the right to test against the Constitution, and declare invalid, resolutions and acts passed by legislature/s". To date, Books of "Latin and High Dutch of the Roman-Dutch old authorities is occasionally still used, as at times it is necessary for a modern judge to delve into these old authorities to search for the origin and scope of an otherwise obscure legal rule or doctrine".
Judge Kotze's personal book collection of over a 1500 books, is still to date referenced and used by the Supreme Court of Appeal Judges.
It is said Sir/Judge Kotze, "a noted scholar, a man of immense learning and a collector of books, his collection of 1556 titles, bought by the government in 1927 for £800, formed the nucleus of the then fledgling library of the Appellate Division, and is still retained as a separate collection" by the Court Library. "Access to the library is normally restricted to the Judges of the court." http://www.justice.gov.za/sca/historysca.htm
His father was Petrus Johannes Kotze, who owned the Leeuwenhof estate in Cape Town. Judge J. G Kotze's Father P. J. Kotze represented Cape Town in 2 Parlaiments, as Member of the House of Assembly and was also (2 x) Mayor of Cape Town
.
His brother Rev J.J. Kotze (older by 17 years) studied for the Church. It was recorded he was a distinguished student at Utrecht
, where he shared the distinction of being the best classical scholar at the University. Having passed all his examinations Summa Cum Laude, he left for the Cape on the ship Hotspur of Holland with his European wive (only daughter of Dr. Immens Blom of Utrecht) and at their arrival, resided at the family's grand estate at the foot of Table Mountain, Leeuwenhof.
The earlier written records of the Kotze family dates back as far as the year 1234. Family name records in Germany indicate the Family name is of noble
decent. It has been recorded that since 1234 and the following century Hermann Kotze/Kotzebue attained the dignity of Knighthood and was the owner of numerous valuable estates, and owned the castle of Ammendorf. It was since documented the family position and wealth continued into the 14th/15th century.
The name Hans Kotze (grandson of Hermann Kotze) was also documented for he was lord of several manors and seignories and another castle which he acquired in the year 1489, and which became the chief seat of the Head of the House of Kotzé. The representatives of this family occupied various positions of trust and importance, including of course the military profession, as befitted the gentlemen of those days.
The spelling of the family name (in Africa) changes from Kotzee as reflected last in 1912 (in the document Master of the Supreme Court re: Johannes Albertus Kotzee) to finally Kotzé in 1916 (in the hand of Salmon Jacobus Petrus Kotzé).
Note: Over Historic Periods/Migration and many Wars,(various spellings for this German/French/Dutch name) existed and Family members spread over the continent to Germany, USA, Canada, Australia, Africa, other.
Born in Cape Town
Cape Town
Cape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...
, educated there at Tot Nut van het Algemeen
Tot Nut van het Algemeen
Tot Nut van het Algemeen , commonly known as Tot Nut, was a Dutch-medium school in Cape Town from 1804 to 1870. The school catered for all nationalities and played an important role in educating the Dutch-speaking children of the Cape Colony. Its curriculum included modern and ancient languages,...
and the South African College
South African College
The South African College was an educational institution in Cape Town, South Africa, which developed into the University of Cape Town and the South African College Schools .-History:...
. Further legal training and qualifications were obtained in Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
as a student at the 'Hon. Society of the Inner Temple in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, where he met his wive Mary Aurelia Bell, who is 18th in decent from King Edward I. pp. 137
Became barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
of the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
and practiced in Cape Town and Grahamstown
Grahamstown
Grahamstown is a city in the Eastern Cape Province of the Republic of South Africa and is the seat of the Makana municipality. The population of greater Grahamstown, as of 2003, was 124,758. The population of the surrounding areas, including the actual city was 41,799 of which 77.4% were black,...
1874-76. Appointed judge of the High Court of the Transvaal in 1877, becoming Chief Justice in 1881. He, together with the rest of the High Court, was unceremoniously dismissed by Kruger following a dispute - as a result of his judgement in the case over (mining rights). Referral is made in Jan Smuts in the South African Republic
Jan Smuts in the South African Republic
Field Marshal Jan Christian Smuts, OM, CH, ED, KC, FRS was a prominent South African and Commonwealth statesman, military leader, and philosopher. He served as a Boer General during the Boer War, a British General during the First World War and was appointed Field Marshal by King George VI during...
# Brown v. Leyds and in his Book Memoirs and Reminiscences . It is further noted, Sir Kotze in 1893 had stood as a rival to Kruger in the presidential elections and was seen by Kruger as his long term political rival. Kruger, on this particular occasion was enraged at the judgement of the High Court in the case of Brown v. Leyds, he dismissed the Chief Justice, Sir JG Kotzé in 1898 as President Kruger held his own opinion on the case outcome. The circumstances surrounding this judgement are worth exploring as they are illustrative of the Legal and general state of public administration in the Transvaal at the time during the British Rule and the Volksraad's Constitution, a "document born of political compromise between warring factions rather than any kind of coherent legal document". The Constitution was seen as "so vague and obscure in so many areas that it had never been treated with the seriousness and respect which such a document usually merits. The function of this particular function or Jurisdiction of the Court is defined by the Supreme Court web page as "the Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court". http://www.justice.gov.za/sca/historysca.htm
Kruger’s action was widely seen as unwarranted interference with the independence of the judiciary." The Second Boer War
Second Boer War
The Second Boer War was fought from 11 October 1899 until 31 May 1902 between the British Empire and the Afrikaans-speaking Dutch settlers of two independent Boer republics, the South African Republic and the Orange Free State...
soon followed in 1899, with every Boer town in the hands of the British, "President Kruger fled/went in exile in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
". Over 26,000 women and children were to perish in the War's concentration camps.
In 1898, Sir J. G. Kotze resumed legal practice in Pretoria
Pretoria
Pretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is...
. Became Attorney-General of Southern Rhodesia
Southern Rhodesia
Southern Rhodesia was the name of the British colony situated north of the Limpopo River and the Union of South Africa. From its independence in 1965 until its extinction in 1980, it was known as Rhodesia...
in 1900. Appointed judge of the Eastern Districts Court of the Cape Colony
Cape Colony
The Cape Colony, part of modern South Africa, was established by the Dutch East India Company in 1652, with the founding of Cape Town. It was subsequently occupied by the British in 1795 when the Netherlands were occupied by revolutionary France, so that the French revolutionaries could not take...
in 1903, becoming Judge-President in 1904. Appointed judge of the Supreme Court of the Cape in 1913, becoming Judge-President in 1920. Judge of Appeal from 1922, retiring in 1927.
Sir John. G. Kotze was Knighted in 1917.
To conclude some historic career highlights, it is noted in a nutshell by the SCA Homepage that "the judicial career of Sir John Gilbert Kotzé (1849-1940) spanned 50 years from his appointment in 1877, when he was a mere 27 years old, until his retirement in 1927. As chief justice of the Transvaal Republic, during the Kruger dispute, Sir Kotze held that the courts had the right to test against the Constitution, and declare invalid, resolutions and acts passed by legislature/s". To date, Books of "Latin and High Dutch of the Roman-Dutch old authorities is occasionally still used, as at times it is necessary for a modern judge to delve into these old authorities to search for the origin and scope of an otherwise obscure legal rule or doctrine".
Judge Kotze's personal book collection of over a 1500 books, is still to date referenced and used by the Supreme Court of Appeal Judges.
It is said Sir/Judge Kotze, "a noted scholar, a man of immense learning and a collector of books, his collection of 1556 titles, bought by the government in 1927 for £800, formed the nucleus of the then fledgling library of the Appellate Division, and is still retained as a separate collection" by the Court Library. "Access to the library is normally restricted to the Judges of the court." http://www.justice.gov.za/sca/historysca.htm
His father was Petrus Johannes Kotze, who owned the Leeuwenhof estate in Cape Town. Judge J. G Kotze's Father P. J. Kotze represented Cape Town in 2 Parlaiments, as Member of the House of Assembly and was also (2 x) Mayor of Cape Town
Mayor of Cape Town
The Mayor of Cape Town is the head of the local government of Cape Town, South Africa; currently that government takes the form of the City of Cape Town Metropolitan Municipality. In the past, the position of Mayor has varied between that of an executive mayor actively governing the city and that...
.
His brother Rev J.J. Kotze (older by 17 years) studied for the Church. It was recorded he was a distinguished student at Utrecht
Utrecht
Utrecht is a city in the Netherlands.The name may also refer to:* Utrecht , of which Utrecht is the capital* Utrecht , including the city of Utrecht* Bishopric of Utrecht* Roman Catholic Archdiocese of Utrecht...
, where he shared the distinction of being the best classical scholar at the University. Having passed all his examinations Summa Cum Laude, he left for the Cape on the ship Hotspur of Holland with his European wive (only daughter of Dr. Immens Blom of Utrecht) and at their arrival, resided at the family's grand estate at the foot of Table Mountain, Leeuwenhof.
The earlier written records of the Kotze family dates back as far as the year 1234. Family name records in Germany indicate the Family name is of noble
Noble
Noble may refer to:* Nobility, a hereditary caste* Noble gas, chemical elements in group 18 of the periodic table* Noble metal, metals that are resistant to corrosion or oxidation...
decent. It has been recorded that since 1234 and the following century Hermann Kotze/Kotzebue attained the dignity of Knighthood and was the owner of numerous valuable estates, and owned the castle of Ammendorf. It was since documented the family position and wealth continued into the 14th/15th century.
The name Hans Kotze (grandson of Hermann Kotze) was also documented for he was lord of several manors and seignories and another castle which he acquired in the year 1489, and which became the chief seat of the Head of the House of Kotzé. The representatives of this family occupied various positions of trust and importance, including of course the military profession, as befitted the gentlemen of those days.
The spelling of the family name (in Africa) changes from Kotzee as reflected last in 1912 (in the document Master of the Supreme Court re: Johannes Albertus Kotzee) to finally Kotzé in 1916 (in the hand of Salmon Jacobus Petrus Kotzé).
Note: Over Historic Periods/Migration and many Wars,(various spellings for this German/French/Dutch name) existed and Family members spread over the continent to Germany, USA, Canada, Australia, Africa, other.