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NewsDay | Thursday January 28 2021 S1 IBA President STERNFORD MOYO Congratulatory Supplement Congratulations to Sternford Moyo, the Chairman and Senior Partner of Scanlen and Holderness on his election and assumption of office as the International Bar Association President. He is the first president of African descent in the organization‘s 74 years of existence. This accomplishment is well deserved and is a just recognition of his illustrious practice of law, which he so loves. Sternford will serve as President of International Bar Association for a two year term up to 31 st December 2022. We wish him a successful term as IBA President C HAIRMAN and senior partner of leading law firm Scanlen and Hold- erness, Sternford Moyo, is the new president of the International Bar Association (IBA). Hailing from Zimbabwe, Moyo is the first IBA president of African descent in the histo- ry of the 74-year-old organisation. He succeeds Brazil’s Horacio Bernardes Neto with a two- year tenure through to December 31, 2022. He has held numerous senior IBA roles, in- cluding Council member, management board member, advisory board member and chair of the African Regional Forum, deputy secretary- general for Southern Africa, co-chair of the In- ternational Bar Association’s Human Rights Institute, trustee of IBA-established entities, such as the Southern Africa Litigation Centre and eyeWitness to expose atrocities worldwide, and member of the task force on Illicit Finan- cial Flows, Poverty and Human Rights. Recognising the achievements of his prede- cessors and committing to build on their ef- forts, Moyo, whose firm is one of the founder members of the pan-African network LEXAf- rica and also a member of Meritas, comment- ed: “It was great and visionary leadership that conceived and implemented the idea of the In- ternational Bar Association; to create relation- ships and exchanges among individual law- yers, bar associations and law societies; to pursue capacity building for bar associations; to promote continuing professional develop- ment in order to enhance service to the pub- lic; to protect and promote the rule of law, hu- man rights, effective administration of justice and core values of the legal profession; to pro- mote harmonisation and uniformity in the res- olution of difficult legal problems; and to work with international juridical organisations. “The IBA, under the direction of my pre- decessors and its executive officers, has been highly successful in advancing these objec- tives. Consequently, as I take over as president of our association, I am pleased to say that I stand on a platform of excellent work done by my predecessors and the employees of the as- sociation. “My role shall be to work towards deepen- ing the fulfilment of the objectives of our as- sociation and increasing diversity, eliminat- ing all forms of discrimination in the practice of law and administration of justice. I owe a huge debt of gratitude to my predecessors and employees of the association for the solid plat- form from which I shall be working.” Moyo recently outlined additional objectives and areas of focus for his IBA presidency, in- cluding: developing effective anti-corruption strat- egies; strengthening IBA project output from con- stituents to provide “role model” material to improve the practical exercise of law; updating guidance and recommenda- tions regarding the extractive industries so that current strategies meet investor protection and developmental rights of the communities where the investment takes place; focusing on cyber security with the aim of working towards developing best practice guidelines for a new global frame- work for public institutions and private companies; and using digital resources to make the knowledge generated by the IBA more readily available to developing bar associa- tions, lawyers in low-income jurisdictions and those at entry level in high-income ju- risdictions. Moyo’s professional career has seen him hold a variety of leadership positions, in- cluding having been a bar leader in Zim- babwe and in southern Africa, and cor- porate leader in mining, manufactur- ing, financial services and leadership development. In 1990, he was selected by the United States Information Services to participate in a programme to familiarise young Afri- can leaders with the American legal sys- tem and its background. In 2004, he partic- ipated in a media advocacy course run by Moyo elected IBA president, makes history Sternford Moyo TO S2

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  • NewsDay | Thursday January 28 2021 S1

    IBA PresidentSTERNFORD MOYO

    Congratulatory Supplement

    Congratulations to Sternford Moyo, the Chairman and Senior Partner of Scanlen and

    Holderness on his election and assumption of office as the International Bar

    Association President. He is the first president of African descent in the organization‘s

    74 years of existence. This accomplishment is well deserved and is a just recognition

    of his illustrious practice of law, which he so loves.

    Sternford will serve as President of International Bar Association for a two year term

    up to 31st December 2022. We wish him a successful term as IBA President

    CHAIRMAN and senior partner of leading law firm Scanlen and Hold-erness, Sternford Moyo, is the new president of the International Bar Association (IBA).

    Hailing from Zimbabwe, Moyo is the first IBA president of African descent in the histo-ry of the 74-year-old organisation. He succeeds Brazil’s Horacio Bernardes Neto with a two-year tenure through to December 31, 2022.

    He has held numerous senior IBA roles, in-cluding Council member, management board member, advisory board member and chair of the African Regional Forum, deputy secretary-general for Southern Africa, co-chair of the In-ternational Bar Association’s Human Rights Institute, trustee of IBA-established entities, such as the Southern Africa Litigation Centre and eyeWitness to expose atrocities worldwide, and member of the task force on Illicit Finan-cial Flows, Poverty and Human Rights.

    Recognising the achievements of his prede-cessors and committing to build on their ef-forts, Moyo, whose firm is one of the founder members of the pan-African network LEXAf-rica and also a member of Meritas, comment-ed: “It was great and visionary leadership that conceived and implemented the idea of the In-ternational Bar Association; to create relation-ships and exchanges among individual law-yers, bar associations and law societies; to pursue capacity building for bar associations; to promote continuing professional develop-ment in order to enhance service to the pub-lic; to protect and promote the rule of law, hu-man rights, effective administration of justice and core values of the legal profession; to pro-mote harmonisation and uniformity in the res-olution of difficult legal problems; and to work with international juridical organisations.

    “The IBA, under the direction of my pre-decessors and its executive officers, has been highly successful in advancing these objec-tives. Consequently, as I take over as president of our association, I am pleased to say that I stand on a platform of excellent work done by my predecessors and the employees of the as-sociation.

    “My role shall be to work towards deepen-ing the fulfilment of the objectives of our as-sociation and increasing diversity, eliminat-ing all forms of discrimination in the practice of law and administration of justice. I owe a huge debt of gratitude to my predecessors and employees of the association for the solid plat-form from which I shall be working.”

    Moyo recently outlined additional objectives and areas of focus for his IBA presidency, in-cluding:developing effective anti-corruption strat-

    egies;strengthening IBA project output from con-

    stituents to provide “role model” material to improve the practical exercise of law;updating guidance and recommenda-

    tions regarding the extractive industries so that current strategies meet investor protection and developmental rights of the communities where the investment takes place;focusing on cyber security with the

    aim of working towards developing best practice guidelines for a new global frame-

    work for public institutions and private companies; andusing digital resources to make the

    knowledge generated by the IBA more readily available to developing bar associa-tions, lawyers in low-income jurisdictions and those at entry level in high-income ju-risdictions.

    Moyo’s professional career has seen him hold a variety of leadership positions, in-cluding having been a bar leader in Zim-

    babwe and in southern Africa, and cor-porate leader in mining, manufactur-ing, financial services and leadership development.

    In 1990, he was selected by the United States Information Services to participate in a programme to familiarise young Afri-can leaders with the American legal sys-tem and its background. In 2004, he partic-ipated in a media advocacy course run by

    Moyo elected IBA president, makes history

    Sternford Moyo

    TO S2

  • the University of Oxford.As senior partner at Scanlen & Holderness,

    a large corporate law practice established in 1894, Moyo specialises in mining, corporate and commercial law.

    The IBA, the global voice of the legal pro-fession, is the foremost organisation for inter-national legal practitioners, bar associations and law societies.

    Established in 1947, shortly after the crea-tion of the United Nations, it was born out of the conviction that an organisation made up of the world’s bar associations could contrib-ute to global stability and peace through the administration of justice.

    In the ensuing 70 years since its creation, the organisation has evolved from an asso-ciation comprised exclusively of bar associ-ations and law societies to one that incorpo-rates individual international lawyers and en-tire law firms.

    The present membership comprises more than 80 000 individual international lawyers from most of the world’s leading law firms and some 190 bar associations and law socie-ties spanning more than 170 countries.

    The IBA has consider-able expertise in providing assistance to the global le-gal communi-ty, and through its global mem-bership, it in-fluences the development of international law reform and helps to shape the future of the le-gal profession throughout the world.

    The IBA’s administrative office is in Lon-don, United Kingdom. Regional offices are lo-cated in: São Paulo, Brazil; Seoul, South Ko-rea; and Washington DC, United States, while the IBA’s International Criminal Court and In-ternational Criminal Law Programme (ICC & ICL) is managed from an office in The Hague, Netherlands.

    The International Bar Association’s Human Rights Institute, established in 1995 under Founding Honorary President Nelson Man-dela, is an autonomous and financially inde-pendent entity, working to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the Judiciary and the legal profession worldwide.

    IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTS2 NewsDay | Thursday January 28 2021

    Team Mimosa is pleased to congratulate you

    Mr. Sternford Moyo, Chairman and Senior Partner of Scanlen and Holderness Law firm, on your appointment as

    President of the International Bar Association (IBA).

    Well done for this phenomenal achievement!

    Mr. Moyo is the first IBA President of African descent in the history of the 74-year old organization.

    CONGRATULATIONS!

    Scanlen & Holderness — Our peopleS

    CANLEN & Holderness is a pre-mier Zimbabwean law firm of-fering a full circle of legal ser-vices for a local, regional or in-ternational clients.

    Our quality of expertise consistently earns us and our lawyers top ranking in both local and international legal surveys.

    Throughout history, Team Scanlen has proudly influenced jurisprudential devel-opment in Zimbabwe.

    Our continued involvement in land-mark cases sets precedents in many are-as of law.

    We have our hand on the pulse of the law in Zimbabwe and over the years a number of our lawyers have been elevat-ed to the bench of the High Court and Su-preme Court including, but not limited to Justice Nicholas McNally, Justice Anele Matika, Justice Joseph Mafusire and Jus-tice Nicholas Mathonsi.

    The partnership as at January 2021 con-sists of the following:

    Sternford MoyoMoyo is the senior partner

    and chairman of the firm which he joined in 1981 after graduat-ing cum laudi (with distinction) and being named by Butter-worths as one of the most out-standing post-graduate law stu-dents in 1981.

    He provides overall leader-ship in addition to taking spe-cial responsibility for mining, commercial and corporate law.

    He is a former president of both the Law Society of Zimba-bwe and the Southern African Development Community Law-yers’ Association; co-chairper-son of the Human Rights Insti-tute of the International Bar As-sociation; former chairman of Stanbic Bank Zimbabwe Limit-ed, a leading commercial bank in Zimbabwe which is a mem-

    ber of the Standard Bank group; chairman of Schweppes Zimba-bwe Limited; former chairman of the Zimbabwe Revenue Au-thority, board member of Paden-ga Holdings, board chairman of Dallaglio Investments and board member of Alpha Media Hold-ings Limited, one of the largest and most diversified media com-panies and PPC Zimbabwe Lim-ited, the largest cement compa-ny in Zimbabwe.

    He is one of the leading corpo-rate and commercial lawyers in southern Africa.

    During the early days of his career, he taught corporate, commercial and constitutional law.

    He successfully completed the Media Law Advocates training programme run by the Universi-ty of Oxford.

    FROM S1

    Moyo elected IBA president, makes history

    THE IBA has considerable expertise in providing assistance to the global legal community, and through its global membership, it influences the development of international law reform and helps to shape the future of the legal profession throughout the world.

  • NewsDay | Thursday January 28 2021 S3

    IBA PRESIDENT MOYO CONGRATS

    ZIMBABWE Lawyers for Human Rights (ZLHR) warmly congratulates Sternford Moyo, one of our senior members on his election as President of the International Bar Association (IBA).

    Moyo, who is the Chairman and Senior Partner at Scanlen and Holderness Legal Practitioners is the first IBA President of African descent in the history of the 74 year-old organisation, who will serve in that capacity from January 2021 to December 2022.

    Established in 1947, IBA is the world’s leading organisation of international legal practitioners, bar associations and law societies and its membership includes over 80 000 lawyers and 190 bar associations and law societies spanning more than 170 countries. IBA influences the development of international law reform and shapes the future of the legal profession throughout the world.

    ZLHR is extremely elated that IBA as the global voice of the legal profession has Moyo as the first African lawyer to lead it and this is a major milestone which represents a new chapter in the history of IBA.

    We are grateful to IBA, an organisation of which we have a long serving association with, for bestowing such an honour to Moyo.

    Moyo’s election as IBA President is a testament of his selfless service over the years to the development of the legal profession in Zimbabwe, Africa and across the globe.

    As an organisation which worked and interacted with

    Moyo since its inception, ZLHR is indebted to all his immense contribution to the growth of our organisation, his stewardship of the Law Society of Zimbabwe and SADC Lawyers’ Association during the time when he served as President. For close to 40 years, Moyo has taken a firm stand in promotion and protection of human rights in Zimbabwe, including jealously guarding the integrity of the legal profession, resisting Executive excesses and challenging the erosion of the rule of law.

    We believe that under his leadership, IBA and the global legal profession will aim for greater achievements on the path of promoting, protecting and enforcing human rights under a just rule of law and to preserve the independence of the judiciary and the legal profession across the world.

    ZLHR wishes Moyo a success and fruitful tenure as President of IBA and assures Moyo and the IBA administration of our utmost support. ZLHR will continue to actively participate in IBA activities and contribute to shaping the future of the legal profession.

    Zimbabwe Lawyers for Human Rights Kodzero/Amalungelo House

    No. 103 Sam Nujoma Street, Harare, Zimbabwe Phone: (+263 8677005347, +263 242 764085/705370/708118

    Email: [email protected] www.zlhr.org.zw

    FOLLOW US:@ZLHRLAWYERS ON TWITTER | ZIMBABWE LAWYERS FOR HUMAN RIGHTS

    ON FACEBOOK

    ZLHR CONGRATULATES MOYO ELECTED AS PRESIDENT OF INTERNATIONAL BAR ASSOCIATION (IBA)

    Sternford Moyo

    Scanlen & Holderness — Our people

    Nellie RF TiyagoAfter graduating from the Univer-

    sity of Pretoria, Tiyago joined Scan-len & Holderness as an associate in January 2004.

    In July 2008, she became the third female to be appointed partner since the inception of Scanlen & Holder-ness.

    Over the years, she has specialised in corporate and commercial law.

    Nellie is registered as a conveyanc-er, an administrator registered with the Estate Administration Council of Zimbabwe and is also a member of the International Bar Association (IBA).

    She presently serves as a non-exec-utive board member of Stanbic Bank Zimbabwe (Private) Limited, Stan-bic Nominees (Private) Limited, and MMC Stockbrokers (Private) Limit-ed.

    She is also a member of the board of trustees of The Culture Fund (non-profit).

    In 2020, Nellie served as a trustee and remains a volunteer for SOTZIM (Solidarity Trust Zimbabwe), a trust that was put in place in order to re-spond to COVID-19 in Zimbabwe and has successfully reopened hospitals and procured medical support for the nation.

    She has also been active with the African Union Sports Council (AUSC) — Region 5 as a member of the Nom-inations Committee for the recent-ly appointed Region 5 board and is presently on the Constitution Review Committee for AUSC — Region 5

  • IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTS4 NewsDay | Thursday January 28 2021

    CONGRATULATIONS

    INCOMING PRESIDENT OF THE INTERNATIONAL BAR ASSOCIATION - MR STERNFORD MOYO

    Bilboes Holdings (Private) Limited and Pan African Mining (Private) Limited jointly extend heartiest congratulations on your appointment as the President of the International Bar Association (IBA). We are proud to be associated with you through Scanlen and Holderness and celebrate this prestigious appointment with you. We are confident that you will represent Africa resoundingly and will steer IBA and its large community with astuteness.

    PAN AFRICAN MINING (PVT) LIMITED BILBOES

    Evans Talent MoyoMoyo is in the pro-

    fessional staff commit-tee which is respon-sible for internships, professional staff in-duction and recruiting of new lawyers.

    He heads our Consti-tutional and Admin-istrative Law depart-ment as well as our Criminal Law Depart-ment.

    His areas of prac-tise include employ-ment law, real estate, arbitration and litiga-tion as well as corpo-rate law.

    Moyo has litigated successfully in arbi-tration tribunals, High Court, Supreme Court and specialised courts for reputable corpo-rate clients.

    He has a passion for advocacy and pro bono work.

    Memory KM MafoMafo was admitted to partnership in

    January 2019. She joined the firm in March 2011 after having acquired four years legal experience in the United Kingdom and Ireland.

    She is a pleasant proactive lawyer with interest in business management and leadership.

    Mafo is looking to become a leading and influential corporate lawyer with global recognition.

    She currently works in the Litiga-tion and Corporate and Commercial departments.

    Her practice experience includes representing clients in the superior courts of Zimbabwe in corporate and commercial disputes as well as repre-senting clients in commercial arbitra-tion proceedings.

    In addition to being a member of the Law Society of Zimbabwe, she is also a member of the International Bar Asso-ciation and remains a member in good standing in both organisations.

    Her affiliations to both organisa-tions allows her to be abreast with all the latest trends in the legal market-place

    Rudo MagundaniMagundani was admitted to partnership

    in January 2019. She graduated from the Uni-versity of Zimbabwe in 2010 with a Universi-ty Book Prize and the Law Society of Zimba-bwe Book Prize for her outstanding academic achievements.

    After University she worked for a human rights organisation, where she worked as a lawyer representing human rights victims.

    In June 2012, she was awarded the Cam-bridge-Commonwealth Shared Scholarship top read for a Master in Law with the Univer-sity of Cambridge (UK). In 2014, she joined Scanlen & Holderness.

    Magundani is an avid litigator with a pas-sion for labour law, human rights law, com-pany law as well as international investment dispute resolution.

    She enjoys competitive sports.

    Brighton MahuniMahuni obtained his LLB degree from Mid-

    lands State University. He is also a registered Conveyancer and notary public.

    He joined the firm straight from law school as a legal intern in October 2014 and became an associate in April 2015.

    Mahuni is an impressive litigator with a thorough approach to litigation. He also has a keen interest in commercial, corporate, bank-ing, family, conveyancing, insurance and min-ing law.

  • NewsDay | Thursday January 28 2021 S5

    IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTThakor Ranchhod KewadaKewada was admitted as a Barris-

    ter at Law of the Inner Temple, Lon-don, United Kingdom, and also by the High Court of Zimbabwe.

    He has been practising as a lawyer in Zimbabwe for over 40 years and headed the firm’s Intellectual Proper-ty division for many years.

    Kewada has acted for a number of prominent local and international clients over the years, among them the principal parties involved in the financing and construction of nation-al projects such as the rail and road bridge over the Limpopo River at Be-itbridge, Beitbridge-Bulawayo rail-way line, the new Harare Internation-al Airport, the third mobile cellular telephone network in Zimbabwe and he recently conducted a landmark in-quest of national importance.

    He too is a consulting partner hav-ing reached the firm’s retirement age. Kewada continues to deal with all ar-eas of corporate and commercial law, trusts and investments, estate plan-ning, joint ventures, mergers, due dil-igence investigations and all forms of corporate and commercial matters.

    Archford RutanhiraRutanhira is a grad-

    uate from the Univer-sity of Zimbabwe and is a key part of the firm’s Dispute Reso-lution, Employment, Intellectual Prop-erty, Constitutional and Administrative departments.

    He has acquired vast experience in civil and criminal litigation and has carved a niche for himself in employ-ment law.

    Rutanhira is a pas-sionate and dedicated lawyer who is destined for greater heights in his career.

    He currently sits on the board of one of the local pharmaceu-tical companies and the Medical Research Council of Zimbabwe under the Ministry of Health.

    Byron John SymeonoglouSymeonoglou is the head of the property

    and conveyancing department and is one of the most experienced and skilled property and conveyancing lawyers in Zimbabwe today with over 35 years of experience.

    Prior to commencing this speciality, he was at the Attorney-General’s Office, where he worked for over 14 years.

    Symeonoglou is also the head of the estates administration department which specialises in wills and deceased estates planning and ad-ministration.

    Symeonoglou is also a very active member in the Greek community, the History Society of Zimbabwe and other charitable organisa-tions.

    Symeonoglou represents the firm in the Na-tional Property Association and sits on the conveyancing committee of the Law Society of Zimbabwe, which makes recommendations and is influential in conveyancing matters and tariffs in Zimbabwe.

    George GapuGapu is the head of the Labour Law, Dis-

    pute Resolution and Litigation departments. A graduate of the University of Zimbabwe, he joined the firm in 2000.

    Gapu has a special interest in environmen-tal law and he is a co-founder of the Zimbabwe Environmental Law Association, a public in-terest organisation promoting environmental justice in Zimbabwe.

    He holds a diploma in International Envi-ronmental Law from the United Nations Insti-tute for Training and Research.

    Gapu sits on the board of a micro-finance in-stitution in Zimbabwe and several other non-governmental organisations.

  • IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTS6 NewsDay | Thursday January 28 2021

    Access to justice: Pandemic forces courts to incorporate remote technology

    86 McChlery Avenue, Eastlea, HararePhone: +263 242 703 663 /4 /6, +2632 42 701 622 | Fax: +263 242 701 663

    Email: [email protected] | Website: www.mhishilaw.co.zw

    LEGAL PRACTITIONERS , CONVEYANCERS , NOTARIES, ESTATE ADMINISTRATORS AND LABOUR , CORPORATE AND COMMERCIAL LAW CONSULTANTS

    We, the Partnership and staff of Mhishi Nkomo

    Legal Practice, wish to join fellow Zimbabweans,

    and in particular, the legal profession, in

    expressing our sincere congratulations to Mr

    Sternford Moyo following his ascension to the

    Presidency of the International Bar Association

    (“IBA”).

    It must be a moment of great pride for our country

    that Mr. Moyo is the rst from Africa to occupy the

    position of President of the IBA; an internationally

    recognized and respected body. With some of our

    team members having worked with Mr. Moyo at

    various levels in the interests of the profession,

    we are condent that he has what it takes to lead the IBA and steer it to greater heights. Sight has

    not been lost to his trailblazing leadership of his rm and the legal profession at the national, the

    regional, the continental and now at the international stage. We believe his zeal and steadfastness

    to issues of Human rights, the Rule of Law and Professional Development place him at a position

    where our own profession and indeed our nation stand to benet immensely from this magnicent

    recognition.

    Mr. Moyo, please be rest assured that members of our rm, stand ready to assist you as best as can

    be, in ensuring that your tenure becomes the resounding success that we expect it to be.

    Congratulations! Makorokoto! Amhlophe!

    IN the last months or so video conferenc-ing has become a simple fact of life for many people — with a significant im-pact on dispute resolution and court hearings.

    Prior to the COVID-19 pandemic, the idea of running disputes remotely was unthinkable in many jurisdictions. The virus has forced the introduction of remote hearings, e-filing and similar measures globally. However, the success of remote technology in facilitating court hearings varies.

    While commercial and civil practitioners are generally happy with their roll-out, in the criminal courts remote hearings are less common and the challenges of handling cas-es while protecting those involved from COV-ID-19 are proving tricky to overcome.

    “It’s important to look at these new ways of conducting hearings and trials and see how they might be appropriate in the future. It might not be an either/or,” said Jane Ander-son, co-vice-chair, IBA Access to Justice and Legal Aid Committee.

    The requirement for criminal defendants to appear in person, while observing social dis-tancing, is a challenge that few jurisdictions have successfully managed.

    An IBA Litigation Committee report pro-duced in June 2020 showed the range of meas-ures taken around the world. While most countries set rules requiring “urgent” crimi-nal hearings to go ahead, delays are rife.

    In England and Wales, the tension between keeping trials running and keeping the courts “COVID-secure” is at breaking point. The po-lice have withdrawn from using the courts’ “Cloud Video Platform” for remand hearings from police stations.

    Meanwhile, despite the Lord Chief Justice, Lord Burnett of Maldon, saying in early Janu-ary that the facilitation of remote attendance was the “default position”, some courts have issued statements saying this is not possible.

    In mid-January last year, the Law Society of England and Wales called for urgent action to ensure court users’ safety, and a move to vid-eo by default for all Crown and magistrates’ court hearings.

    In a statement also published in mid-Janu-ary, the Criminal Bar Association said failure to move to more remote hearings and mini-mising in-person appearances would mean “there will come a point when the courts be-come too unsafe to continue”.

    A question remains, however, as to wheth-er defendants’ human rights are infringed if they do appear virtually. A report produced by the United States-based Brennan Center for Justice in September last year highlighted a study which found that higher bond amounts were set for defendants in criminal bail hearings conducted virtually, compared to l TO S7

    The late judge Justice Nicholas McNally, a former partner at Scanlen & Holderness

  • NewsDay | Thursday January 28 2021 S7

    IBA PRESIDENT MOYO CONGRATS

    Manokore Attorneys wishes to congratulate Mr. Sternford Moyo elected as the President of the International Bar Association (IBA). This is a massive achievement, and well

    deserved!

    Congratulations! Makorokoto! Amhlope!

    Honey & BlanckenbergLegal Practitioners, Patent and Trademark Agents200 Herbert Chitepo Avenue, Harare Zimbabwe

    P O Box 85, Harare ZimbabweLandline: +263 24 2251331, 2251334, 2251339

    Email: [email protected]: www.honeyb.co.zw

    Honey & Blanckenberg wish to congratulate Sternford Moyo on his election as the rst African President of the International Bar

    Association. The election is testament to his work ethic, knowledge, and commitment to the legal profession around the globe.

    We wish him all the best in his new position.

    Access to justice: Pandemic forces courts to incorporate remote technology

    in-person.Research into immigration

    courts, meanwhile, found detain-ees were more likely to be deport-ed when their hearings occurred via video conference.

    On the other hand, the report also found that video hearings could improve access to justice for those in remote areas, or who lacked the time or resources to travel to court.

    Anderson, who is based in Aus-tralia, says a combination of in-vestment in infrastructure and training and the adoption of proto-cols and rules could well help alle-viate the pressure on criminal jus-tice systems.

    Anderson says of holding crimi-nal proceedings remotely: “If you are a judge that’s prosecuting, you have often got a lot of parties who you are having to control and di-rect in an environment where they are not all in the same place. That poses challenges but they’re not in-surmountable.”

    She agrees that concerns that a witness or defendant’s credibility might be reduced if they are not present in person are valid, but adds that: “As our technology im-proves and our connectivity im-proves there is potential for these concerns to be mitigated. It’s im-portant to look at these new ways of conducting hearings and trials and see how they might be appro-priate in the future. It might not be an either/or.”

    “Let’s see how we can use this positively so that access to justice isn’t denied but is enhanced and widened,” says Anderson, who suggests the legal profession can lead in this.

    The Brennan Center report says more research on the potential im-pact of remote technology on out-comes in a diverse range of cas-es, and consultation with a broad range of stakeholders, was neces-sary to help courts develop policies and protocols.

    In contrast to the picture from the criminal world, remote justice in civil cases is welcomed.

    “Commercial law has had it pretty easy. The switch to remote

    hearings has been ridiculous-ly smooth,” acknowledges Tim Strong, co-chair of the IBA Litiga-tion Committee and a partner at Taylor Wessing.

    Strong says that in England and Wales the commercial courts were running hearings and trials over a range of video platforms within a month of the first UK lockdown in March.

    “I have not had a conversation with anyone who have said that they are worried that the courts aren’t doing justice to cases,” Strong adds.

    In the US, many civil trials have the additional burden of requir-ing a jury to be present, making re-mote trials more challenging.

    “Most of the civil jury trials that have been done remotely are where there have been only two parties and a limited number of witnesses and a limited number of issues. For cases that involve any complexity at all most lawyers would want to be in court, and cer-tainly most judges prefer that as well,’ says Frederick Acomb, sen-ior vice-chair of the IBA Litigation Committee and a partner at Miller Canfield.

    However, US pre-trial hearings have gone virtual and have been welcomed by practitioners.

    “It gives much more of a feeling that things are happening, you are participating and you are getting your issues across,” says Chris Helmer, senior vice-chair of the IBA Litigation Committee and a partner at Miller Nash Graham & Dunn.

    Despite these challenges, practi-tioners believe the adoption of vid-eo technology to keep the courts running during the pandemic will have a lasting effect — if not for substantive trials, at least for shorter hearings and case manage-ment globally.

    “There is a clear need to simpli-fy the way justice is rendered and also in an easy way to make the process quicker, safer and easi-er to understand for the parties,” concludes Jacques Bouyssou, vice-chair of the IBA Litigation Com-mittee and a partner at Alerion Av-ocats.

    FROM S6

  • IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTS8 NewsDay | Thursday January 28 2021

    The Partners and Staff of DMHCongratulate

    Mr. Sternford Moyo, Chairman and Senior Partner of Scanlen and Holdernessfor being elected as the new president of the International Bar Association (IBA).

    DMH- a Band 1 Ranked Law Firm for General Business by Chambers & Partners is proud to be associated with Sternford Moyo for this significant step up the ladder of corporate leadership.

    All of us at the law firm feel confident that Stern will come more than equal to the task laid before him in taking IBA to new and exciting levels of success.

    Makorokoto! Amhlophe!

    THE Internation-al Bar Association (IBA) last year em-barked on a global project aimed at ad-

    dressing the mental wellbeing of legal professionals as COV-ID-19 exacerbates tensions in professional and personal lives.

    The key initial phase of the project consisted of two global surveys — one for individual lawyers, the other for law firms and other legal institutions, including bar associations, law societies and in-house le-gal departments. Available in both English and Spanish, the surveys were anonymous and took approximately ten min-utes to complete.

    The data gathered from the surveys will provide in-sight into: the pressing men-tal health concerns of le-gal professionals, the sup-port they can expect to receive from their workplaces, how the wellbeing of lawyers and other stakeholders in the le-gal profession are affected by their work and working envi-ronments, identifying prob-lems that each might have faced in getting the help they needed; and what law firms, bars and law societies should be doing to support those in distress.

    Then IBA president Hora-cio Bernardes Neto convened the IBA Wellbeing Taskforce, which is led by IBA Bar Issues commission officers, with as-sistance from the IBA legal

    policy and research unit.Mental wellbeing within the

    legal profession was one of Bernardes’ key priorities.

    Bernardes Neto stated: “The devastating effects of depres-sion, stress, addiction and oth-er such attacks on our mental health may have preceded the current crisis, but there is no question that COVID-19 has ex-acerbated their impact. Yet, just as the pandemic has posed challenges for our profession and ways of life, and in the process refocused our atten-tion to this critical issue, so it also presents opportunities for us to change for the better in the future.”

    He added: “These studies will provide us with a vital global snapshot of our profes-sion. I sincerely hope that they will lead not only to the shar-ing of best practice guides, but also to starting conver-sations in those parts of the world where mental wellbe-ing is not spoken about so openly, and lawyers perhaps find themselves suffering in silence.”

    The wellbeing surveys have been developed in collabora-tion with consultancy firm Ac-ritas (part of Thomson Reu-ters).

    The majority of questions in the anonymous surveys for individuals and institutions alike are multiple choice and several questions pertain to the impact of the COVID-19 crisis on mental wellbeing at the workplace. Outgoing IBA president Horacio Bernardes Neto

    IBA tackles mental wellbeing in the legal profession

  • NewsDay | Thursday January 28 2021 S9

    IBA PRESIDENT MOYO CONGRATS

    Congratulations

    All of us at Titan Law would like to congratulate Mr. Sternford Moyo, Chairman and Senior Partner of Scanlen & Holderness Solicitors, on his recent election as President of the International Bar Association (IBA).

    The rst IBA President of African descent in the history of the 74-year old organization

    Congratulations and may you continue to do a sterling job, Titan Law celebrates with you.

    The Chairman, Managing Partner, Associates and all Staff of A Robertson Law Chambers are pleased to congratulate Mr. Sternford Moyo, on your election as President of the

    International Bar Association (IBA).

    The rst IBA President of African descent in the history of the 74-year old organization

    Well done for this phenomenal achie�ement��

    MATSIKIDZEA T T O R N E Y S A T L A W

    GLOBAL INVESTMENTS/ COMMERCIAL & LABOUR ATTORNEYS

    The Chairman, Managing Partner, Partners and all Staff of Matsikidze Attoneys at Law are pleased to congratulate Mr. Sternford Moyo, on your election as President of the International Bar Association

    (IBA). The rst IBA President of African descent in the

    history of the 74-year old organization Well done for this phenomenal achie�ement��

    Address: 7 Frank Johnson Avenue, Eastlea, HarareTel: (024) 2762764; (024) 2771246; (024) 2799861

    FROM modest beginnings the firm, Scanlen & Hold-erness, was founded by Sir Thomas Scanlen.

    Born in 1834, the son of 1820 settlers, Thomas Scanlen’s early years were taken up with participat-ing in the frontier wars in the East-ern Cape, being educated and look-ing after his father’s general dealer business and opening his law prac-tice.

    Sir Thomas Scanlen first set foot in what was then Rhodesia in Sep-tember 1894.

    For the previous 20 years he had been one of the most prominent per-sonalities in the Cape.

    He had been a Member of Parlia-ment from 1870 to 1895 and a Cabinet minister for much of that time.

    He had been Prime Minister of the Cape from 1881 to 1884 and then the leader of the opposition for five years after stepping down as Pre-mier.

    Thomas’ association with the law started in 1855 when he was admit-ted as Notary Public and in 1866 when he was admitted as an attor-ney.

    He then participated in various partnerships, Scanlen and Gifillan,

    Scanlen and Metcalf, Fairbridge, Ar-dene and Scanlen and finally Scan-len and Syfret.

    During Scanlen’s premiership, a Cabinet reshuffle took place, bring-ing Cecil John Rhodes into Scanlen’s ministry, as treasurer.

    This event created the link, which eventually brought Scanlen to Rho-desia in August 1894.

    In 1894, Rhodes offered Sir Thom-as the appointment of chief legal of-ficer in Rhodesia.

    He was made legal adviser to the British South Africa Company and started his own legal firm.

    The firm Scanlen and Syfret com-menced business in Salisbury in Oc-tober 1894.

    Sir Thomas was only admitted as an attorney in Rhodesia on Novem-ber 5, 1894, at the first High Court session to be held in Salisbury pre-sided over by Judge Joseph Vincent.

    By the date of his admission, Sir Thomas had already executed at least two deeds of transfer on Octo-ber 22 and November 1, 1894, respec-tively.

    That this was possible was due to the fact that Rhodesia had adopt-ed the laws of the Cape Colony

    Scanlen’s history and culture ...

    TO S10

  • IBA PRESIDENT STERNFORD MOYO CONGRATS SUPPLEMENTS10 NewsDay | Thursday January 28 2021

    The Zimbabwe Human Rights NGO Forum congratulates Mr Sternford Moyo on his appointment as the president of the International Bar Association (IBA). Mr Moyo has beyond doubt shown his worthiness for this most prestigious role having distinguished himself as an illustrious legal practitioner on the local, regional and international stages over the decades of his legal

    profession. His inspired ability in leadership is demonstrated by his service in various notable institutions which include having been at the helm of the Law Society of Zimbabwe, the Human Rights Institute of the IBA, the IBA Africa Regional Forum and the Southern African Development Community (SADC) Lawyers Association. The Forum acknowledges Mr Moyo's

    accomplishment and wishes him well as he serves his term as the �rst ever IBA president of African descent. We have no doubt that he will execute his momentous task efficaciously and wish him great success in this demanding role.

    CONGRATULATIONS / MAKOROKOTO / AMHLOPHE

    Scanlen’s history and culture ...at the order of Cecil Rhodes.

    Hence, no difficulty arose in practising both in the Cape and in Rhodesia simultaneously.

    Thus the early deeds executed by Sir Thomas reflect his firm as “Scanlen & Syfret, Cape Town and Salisbury”.

    At this time in Salisbury, there were some 250 buildings. Of these, 24 were retail businesses, six were bars, nine were hotels, two were manufacturers with very limit-ed number of professional and trades people.

    When Sir Thomas took up full-time involvement with the Char-tered Company in 1898, his son, Arthur Dennison Scanlen, who had completed his law degree at Oxford University, joined his firm.

    In 1908 Sir Thomas became seri-ously ill with malaria. He was not expected to survive, but the old warhorse that he was, he did so and over the next few years trav-elled up the East Coast of Africa to Egypt and the following year through to Palestine, Greece, Italy and Switzerland.

    Sir Thomas Scanlen died in Salisbury on May 15, 1912.

    A new partnership is born ...If Sir Thomas was the seed

    which caused the firm to take root, and if his son Arthur was the stake which enabled the sapling to grow up straight, the enrichment and care which led to the forma-tion of the branches and matur-ing and nurturing of the tree was provided by James Edmund Hold-

    erness, better known as “Jim”.Jim was one of nine children

    born to Harry Hardwick Holder-ness, a Parish Priest of Adling-fleet, England, and his wife Mary.

    Jim went to St Edmund’s Clergy Orphan School in Canterbury, his father having died when he was just over three years old.

    When young Jim turned 17, his brother, Christopher (“Kit”) pro-posed that he should join him in Rhodesia.

    Jim needed little prodding and, with the Anglo Boer War coming to an end, he travelled to Cape Town by ship and then took the train to Bulawayo arriving there early in 1902.

    While at Kimberly, Jim had seen a newspaper billboard announc-ing the death of Rhodes.

    As soon as he arrived at Bula-wayo Station, he bought a bicy-cle from Duly’s so that he could ride to Matopos for Rhodes’ funeral.

    Jim was employed as the judge’s clerk of Judge Joseph Vincent, who was senior judge of the High Court of Southern Rhodesia.

    Judge Vincent mentored his young clerk, took him on circuit and generally encouraged him in every way possible.

    Jim had served articles with Frames and Coghlan in Bulawayo. He was taken on by Arthur Scan-len as a professional assistant on January 1, 1906.

    At that time, Arthur Scanlen was in partnership with “Jimmy” Nicholas, whose sister “Birdie”, was Arthur’s wife.

    The firm at that time was known as “Scanlens” and the firm’s offic-es were at United Rhodesia Gold-fields Offices, later known as Had-don Hall.

    It was situated at the southwest corner of the junction of Pioneer Street and Manica Road diagonal-ly opposite the Queens Hotel.

    In 1907, Jim was invited to join Arthur Scanlen in the partner-ship at which time the name Scan-len & Holderness became the style under which the practice prac-tised.

    Around this same time, the firm moved to its second home further east along Manica Road to a build-ing one away from the still stand-ing, though considerably altered, Broadcasting House or Old Post Office.

    This was to be the firm’s home for the next 43 years. This move was prompted by the general move to the commercial establish-ment from the Kopje to what, was then called, the Causeway.

    Even today, most of the old buildings along Manica Road (now Robert Mugabe Road), be-tween Kingsway (now Julius Ny-erere Way) and First Street re-flect the building boom which oc-curred in about 1910.

    Buildings such as Store Broth-ers, Arnold Buildings and Fere-days all reflect the hope, excite-ment and promise of that era.

    The same two partners ran their business from 1908 until the death of Arthur in 1936. Equal shares in the partnership were only achieved in 1928.

    Following the family foot-steps

    Following the death of Arthur, Jim toiled on as the sole partner and carried the whole burden of the firm with the help of a for-midable bookkeeper/typist, Mrs Mae Mitchel whom it was stated, doted upon and fiercely protected her boss.

    Although Jim must have been under enormous pressure during these years, he seems ever to have been courteous, caring and con-scientious.

    According to his eldest son, Richard, “all his life he was care-ful with money and had great sympathy for people who were hard up”.

    This feeling of compassion must, no doubt, have been forged through his own childhood and sowed the seed which led his one son, Richard, going into the min-istry, even though he had complet-ed his law degree in anticipation of joining the firm.

    The second son, John, had joined the firm as an articled clerk in 1931 obtaining admission as an attorney, notary, and convey-ancer in 1937.

    Hardwicke Holderness having completed his schooling at Prince Edward in 1932, studied law, first at Rhodes University in Graham-stown, after which he won a Rho-des Scholarship to Oxford.

    Then followed the Second World War. Thus, only after its close in 1945 was he in a position to return home and take up his articles in the firm.

    Both John and Hardwicke joined the Rhodesia Air Force Squadrons during the Second World War.

    John flew spitfires and became one of “the few” of those redoubt-ables who flew so magnificently and courageously during the Bat-tle of Britain.

    Hardwicke became a bomber pilot with Coastal Command and finished the war as a Wing Com-mander, and decorated with the DSO and DFC. At the same time another Rhodes scholar and per-son long rooted in Rhodesia took up articles with him.

    This was CPJ (Pat) Lewis, whose father had been Chief Justice and was to be a Judge of Appeal.

    Hardwicke Holderness and Pat Lewis were to be the foundation upon which was built the next half century of legal service and practice by Scanlen & Holderness.

    During the politically explosive years which followed, the firm fearlessly fought many legal bat-tles on behalf of African nation-alists and represented most of its hierarchy.

    Included among its legal chal-lenges were those in which the firm represented Madzimbamuto and Baron in seeking to have UDI declared illegal, and Chief Rekayi Tangwena in seeking to retain his land in the eastern districts of the country.

    This tradition is continued to-day as Scanlen & Holderness rep-resents many of those affected by the abrogation of the rule of law in Zimbabwe.

    FROM S9

  • NewsDay | Thursday January 28 2021 S11

    IBA PRESIDENT MOYO CONGRATS

    Sternford Moyo

    We are proud to be associated with you!

    The Board, Management and Staff of Alpha Media Holdings

    congratulate our board member Sternford Moyo on his

    election as the President of International Bar Association

    (IBA).

    He becomes the first IBA President of African descent in the

    history of the 74 year old organisation. We take Pride in your

    great achievements .

    Congratulations!!!

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