The Sunday News
Simba Jemwa, Sunday News Correspondent
THE late Advocate Siwanda Kennedy Mbuso Sibanda was one of the few lawyers that dedicated their lives to defending political prisoners and participated in the formation of a Special Committee for the defence of political prisoners during the Zimbabwean liberation struggle and apartheid in South Africa.
During this time, he was instrumental in tracing and finding arrested political “offenders” and guerrillas and providing them with legal services, his biography reads.
This legal icon of the liberation struggle passed away at Morningside MediClinic in Johannesburg, South Africa on Unity Day.
He was 89.
At a time when the white minority regime was using the law as a tool to oppress African people, he was instrumental in helping the people to access and relate to the prescripts of the law and at the same time translated the grievances of the people into the law, thus, using the law as a tool and a weapon against injustice and oppression.
Adv Sibanda was instrumental in changing the post-independence legal landscape continuing to grow his legal practice while opening doors for many other lawyers who would go on to establish their own careers and firms.
His practice survives him and continues to be a mainstay of Bulawayo’s legal fraternity.
In a statement, his family described him as a “dedicated family man and respected member of the community”.
“Advocate Sibanda was a dedicated family man and a respected member of the Seventh Day Adventist community.
“He is survived by his wife, Leonora, his children, grandchildren, great grandchildren, and siblings,” read the statement.
Adv SKM Sibanda as he was affectionately known was a highly skilled legal practitioner with vast experience in the practice of law having completed his studies at the University of Natal in the 1960s.
He was one of the first black advocates of the High Court of Rhodesia in the early 1970s and he went on to set up his own legal practice in Bulawayo.
Widely regarded as an outstanding defence counsel, Adv Sibanda used his legal skills and acumen to actively contribute to the liberation of Zimbabwe, defending freedom fighters captured by the regime, saving many from the gallows.
Further, his commitment to liberation and specialised knowledge in constitutional law saw him contributing to the nation’s liberation as one of the drafters of the Lancaster House Constitution in 1979, paving the way to the country’s independence from white minority rule in 1980.
Post-independence, Adv Sibanda continued to build his legal practice, while continuing to dedicate his life and energy to the development of the country.
He did this through his involvement in politics, business, sport and various Government commissions.
In 1997, Adv Sibanda was called to the bench, serving as a judge of the High Court in Bulawayo where he significantly contributed to the shaping of the country’s laws.
Upon retirement in 2002, he returned to private practice where he continued to mentor young lawyers in his firm.
He was born on 19 April 1932 and grew up in Somnene, Bulilima District in Matabeleland South.
He was the son of successful farmers, Jack Mbuso Sibanda and Volo Sibanda (nee Gumbo).
As the eldest of six children he was raised to be responsible not just for himself but for his siblings as well.
This was a trait that he would continue to exhibit throughout his life, which aspect was not only showcased in his family but also his community.
He was raised as a member of the Seventh Day Adventist Church.
Adv Sibanda entered Tshabanda School in the then Nata Territorial Tribal Lands now Bulilima in 1945.
In 1948 he went to study at Solusi Mission where he completed his junior certificate in 1955 and the following year, he went to South Africa intending to sit for his matric at Adam’s College.
In 1957 he entered Kilnerton Institute in Pretoria and matriculated in 1958 and that same year, he met friends that made him aim higher than matric.
In 1959 he enrolled for a Bachelor of Arts at the University of Natal but lost the whole year due to illness.
He was enrolled again in 1960 and finished his studies in 1962 after which he enrolled for a law degree but his studies were interrupted by a series of illnesses in 1963, 66 and 68.
Against the advice of his doctor, Adv Sibanda finished his studies.
Fortunately, his determination paid off and when his health improved, he transferred his registration to Maritzburg where he finished his law studies in 1970.
In order to raise his university fees, he had to study during the day and work at night.
After finishing his law degree in South Africa, he worked with a firm of attorneys to complete his articles. He returned to then Rhodesia in March 1971.
He was successful in Rhodesian examinations to be an advocate.
Beyond legal practice, Adv Sibanda was very active within the political arena.
He abhorred injustice and inequality. From his student days he actively participated in the struggle against apartheid.
He joined the Pan African Congress of Azania and worked alongside Steve Biko and Griffiths Mxenge in the student movement that would resist the racist policies of the South African government.
His political involvement continued after his return home, fighting against the Rhodesian white minority government.
He joined Zapu and rose to the position of being one of the legal advisers of the party.
It was in this capacity that he served as one of the drafters of the Lancaster House Constitution which paved the way to Zimbabwe’s independence from white minority rule in 1980.
Funeral arrangements will be announced in due course once finalised by the family.
