John Gilbert Kotzé

Sir John Gilbert Kotzé, KC (5 November 1849 – 1 April 1940) 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 wife Mary Aurelia Bell, who is 18th in descent from King Edward I. pp. 137 ^[1]

Became barrister of the Inner Temple and practised 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. 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 Kotze resumed legal practice in Pretoria. He was appointed Attorney-General of Southern Rhodesia^[2] in 1900, and took silk as King′s Counsel in April 1902.^[3] Appointed judge of the Eastern Districts Court of the Cape Colony in 1903, he became 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 Parliaments, as Member of the House of Assembly and was also (2 x) Mayor of Cape Town.^[4]

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.^[4]:27

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.^[4]

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.

References

4. Supreme Court Judges & History. Web link: Template:Www.justice.gov.za/sca/historysca.htm