CLA News / Remembering Sternford Moyo by Tererai Mafukidze
Author: Tererai Mafukidze
Position: Advocate, Johannesburg Bar & Zimbabwe Bar.
Email: mafukidze@counsel.co.za
Sternford Moyo passed away suddenly on Friday 5 July 2024 after a short illness. In his tribute, Justice Joseph Mafusire of the High Court of Zimbabwe, who worked with Sternford for many years, described him as “a legal giant that straddled the length and breadth of the legal profession and business world with confidence and zest.” Apt words.
He was born on 28 May 1956 in Mwenezi to Sifana Moyo and Idah Moyo (nee Whande). Sternford was born into a society that placed in his path, and that of many black people in Zimbabwe, racial and colonial hurdles. And yet with fortitude, diligence, and dedication, he powered himself in the 68 years he lived, from a rural boy born in backward Mwenezi to the helm of his profession as the leader of the International Bar Association. Sternford’s remarkable journey from that little boy in Mwenezi to one of the best lawyers inside and outside the courtroom is an inspiration to several lawyers who knew him. In the course of his journey, he made a significant contribution outside law. He became himself an avid entrepreneur and businessman. He also became a corporate leader and sat on numerous boards of companies.
Maybe I should start with where and when I met Sternford. In 1996, I was in my final year at the University of Zimbabwe Law School, the alma mater we shared. Our most diligent lecturer in the Practical Skills class, Sheila Jarvis loved to bring in judges and legal practitioners to speak on different topics. On this day, she invited Sternford to speak to us about what was known as the Bonus Case. Since 1974 public servants in Zimbabwe had been paid an annual bonus in November which was the equivalent of one month’s pay. It was colloquially known as “the thirteenth cheque”. It was a substantial amount. By 1995, the first $1 100 was tax free. On 9 September 1995, the Chairperson of the Public Service Commission made a public announcement of a decision by the Commission not to pay bonuses to civil servants in 1995. The trade union representing teachers, Zimbabwe Teachers Association then approached Sternford Moyo and Godfrey Mamvura to challenge this decision. On 24 January 1996, Justice Chidyausiku then a High Court judge agreed that the State was bound by contracts of employment between itself and public servants and if the State has agreed contractually to pay an annual bonus, it is legally obliged to pay the bonus.
The State was naturally aggrieved by this decision and appealed to the Supreme Court. Considering what was at stake, the appeal was heard for two days on 13 and 14 March 1996. On 20 June 1996, the Supreme Court delivered its judgment. Five judges had sat to hear the appeal. The court was split 3-2. The majority of Chief Justice Gubbay, Justices Roger Korsah, and Ahmed Ebrahim agreed with the State while the minority of Justices Nick McNally and Simbarashe Muchechetere agreed with Sternford’s argument that the State must pay the bonus.
The majority judgment was depressing to the civil service. As Chief Justice Gubbay noted about the annual bonus, “It comes in time for the extra expenses of Christmas. It helps with next year’s school fees.”
In his lectures, Sternford took our class through the High Court and the Supreme Court judgments. He brilliantly tore to pieces the reasoning of the majority. I was impressed by his intellectual rigour. I did not know at the time that I would end up one of his many mentees. During that final year, I had been accepted for attachment at the Bulawayo law firm, Calderwood, Bryce-Hendrie & Partners. Owing to their assessment of my performance I was offered a chance to join the firm on condition I passed my examinations at the end of 1996. On 1st December 1996, I commenced employment at Calderwoods.
Sometime in September 1997, the Harare law firm Scanlen & Holderness advertised a position for a junior lawyer. I applied. I was successful at the interview. On my first day at work at the beginning of November 1997, Sternford informed me that he would be responsible for me—my supervisor as we called them then. This was the start of a long professional and personal relationship. I worked with him in many cases he handled at the time. From him, one learned professionalism, diligence, and unremitting professional courage.
Sternford made an immense contribution to the development of our jurisprudence. Law reports are a testimony to this. Consistent with his commitment to justice, Sternford played an active role in the affairs of legal bodies. He also served as the President of the Law Society of Zimbabwe from 2000-2004. His principled position in defence of the rule of law in Zimbabwe during this difficult period earned him State harassment. He was arrested and detained on trumped-up charges. He remained courageous to the end. He also served on the Judicial Services Commission for several years.
Sternford was heavily involved in the formation of the SADC Lawyers Association. He became the President of SADC Lawyers Association in 2006 replacing now South African High Court judge, Vincent Saldanha. At home, also in the formation of the Zimbabwe Lawyers for Human Rights. His election to serve as the first President of the IBA of African origin in January 2021 was well deserved and a moment of great pride for the continent. The IBA in its statement on his passing said this of Sternford:
Sternford was a man of great courage and integrity and will be sorely missed by those who knew him…The immense contribution that Sternford made to the IBA is impossible to sum up, but the number of senior roles he held and their breadth provide indication of the time, effort and commitment he gave to the IBA, including as Council Member; Management Board Member; Chair of the African Regional Forum and later Advisory Board Member of the same; Deputy Secretary-General for Southern Africa; Trustee of the IBA-established Southern Africa Litigation Centre; and Trustee of the IBA-founded eyeWitness to Atrocities. He had also been a member of the IBA Task Force on Illicit Financial Flows, Poverty and Human Rights.
On 28th September 2022, Sternford was awarded the rare honour of Freedom of the City of London. Sternford is survived by his wife Sara Moyo, a fellow lawyer that we saw at his side at many legal conferences across the world, and his children Batanai, Rufaro and Makomborero. At the time of his death, Sternford was the Senior Partner and Chairperson of Scanlen & Holderness. He will be sorely missed.
