James John Skinner

James John Skinner (24 July 1923 – 21 October 2008) was an Irish-born Zambian politician and jurist. He was the first Minister of Justice of independent Zambia and the only White member of Zambia's first cabinet. Following his time as a Zambian jurist, Skinner moved to neighbouring Malawi, where he was Chief Justice of Malawi from 1970 to 1985. His final judicial appointment was as a Social Security Commissioner in England from 1986 to 1996.

Family

Skinner came from a family steeped in the law. His grandfather, James G. Skinner, was a solicitor in Mitchelstown, County Cork. His father William Skinner was also a solicitor and was appointed the County Registrar for Tipperary. His uncle, Leo Skinner, a solicitor, was also an Irish Fianna Fáil politician and was elected (1943 and 1944) to Dáil Éireann as a TD for the Cork North constituency and was appointed a District Court judge in 1966. His cousin, Geraldine Skinner, a barrister, became the legal adviser in the Department of Foreign Affairs in Dublin and subsequently the Irish Ambassador to Luxembourg.

Early life

Skinner was born in July 1923 in Clonmel, Irish Free State, In 1965, he was honoured with the Grand Commander of Order of Menelik II award from Ethiopia, recognising his contributions to Zambia's independence. Skinner was a member of the first cabinet and the Attorney General of Zambia from independence until 1967, when he was appointed Justice Minister. In March 1969, he was appointed Chief Justice of Zambia.

Resignation

Skinner did not last long in his position as Chief Justice in Zambia. He resigned six months later in September 1969 following a clash with President Kenneth Kaunda over the sentencing of Portuguese soldiers from neighbouring Angola. The soldiers were caught on the Zambian side of the Angolan-Zambian border and were arrested. A fellow expatriate jurist, Ifor Evan, concluded the original arrest of the soldiers was "trivial" and dismissed the charges. When the issue was appealed to Skinner, he upheld Evan’s judgment. Kaunda, a long time friend of Skinner, attacked the White-dominated court for siding with the soldiers. Supporters of Kaunda stormed the court building following the ruling, attacking the Whites inside. Kaunda quickly apologised, but Evan and Skinner fled the country, with Skinner going on "indefinite sick leave". A month later, he was replaced on the court by Brian Doyle, a fellow White Zambian. He retired at the statutory retirement age for judges (72) and spent his remaining years with his wife and five children. He died in October 2008 at the age of 85 and his ashes were finally buried in Clonmel in Ireland, the country of his birth.

Quotations

"I had not liked the social or racial atmosphere of the [colonial] time and reacted against it."

"...such independence [of the judiciary] implies freedom from interference by the Executive or Legislative with the exercise of the judicial function, but it does not mean that the judge is entitled to act in an arbitrary manner."

"The people must know that when they go to court they will receive justice, and that all citizens are equal before the Courts regardless of their tribe, race or political opinions."

"It would be a sad day for Zambia if legal representation were denied to any member of the community. Anyone in the state who tried to stop free or effective representation would be striking a blow against social progress and orderly society, for the law is the instrument which ensures the attainment of both."

"The constitution of the Republic provides that every person charged with a criminal offence shall be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice. The right which is guaranteed in our fundamental law has for a long time been recognized to be of great importance to the maintenance of the freedom of the individual in many countries having a similar jurisprudence to our own."

"…I never regarded the judiciary as a caste apart; its members must share the hopes and aspirations of the nation. However, this does not mean that judges should decide cases or impose sentences in such a way as to please public opinion or the Government. They must decide them in accordance with the facts before them and the law. It is only in this manner that an accused person can be guaranteed a fair and impartial trial before an unbiased judge free from the domination of public opinion…."

"…It is one of the functions of the judiciary to criticize the actions of the Executive or its individual servants when the need arises. If that right is to be denied then the courts can no longer effectively carry out their duties."