The making of Ian Kirby, an all- rounder
Being unwelcome in his country Rhodesia, now Zimbabwe for a young brilliant and a newlyqualified Rhodes University law student, Ian Stuart Kirby turned into a stroke of good luck.
Today, the industrious Justice Kirby, the latest proud recipient of the University of Botswana’s honorary Doctorate Degree of Laws, looks back with great nostalgia and gets emotional, as he recalls how he surpassed all hurdles to realise his dream.
In an interview, Kirby explains how he shaped his path to greatness as a legal practitioner, cattle baron and entrepreneur, and his decision to abandon his law firm that was doing well in order to give back to Botswana.
“I came to Botswana as newly- qualified in LLB Degree from Rhodes University. I was not welcome in Rhodesia which was my home because I had been involved in some student activism at Rhodes, where they required me to leave South Africa.
“I was able to write my examination finals, but not able to attend my graduation. It was after many years later that I was allowed to enter South Africa,” he recalls.
Upon arrival in Rhodesia, he had expected to work for government as it was a prerequisite for a government sponsorship, however, he was told that he was not needed.
“I looked for advertisements for a graduate; there was one in Malawi and one in Gaborone. I only had enough money to attend one. I chose Botswana. It was in February of 1969 when I boarded a mixed train coming through to Gaborone.
“I was in the same group with the likes of Samuel Mpuchane and Charles Tibone. Afterwards, we sat on the veranda of the President Hotel to exchange notes about our interview.
“I explained my difficulty because I did not have enough money, save for a one- night accommodation in a hotel and for one- way ticket on the train”.
Kirby was then offered a job on a contract of two years as assistant state counsel posted to Lobatse starting the next day at a salary of R200 per month.
At the end of his contract, he opened his law firm IS Kirby Attorneys at law in Gaborone. But, instead of developing his practice, he decided to set up other people in different areas.
He started a scheme in which he would help to finance the establishment of a law firm with a local lawyer. “I would start with ownership of 80 percent of the firm, while the remaining 20 would be for my partner.
“In addition my partner would get a small salary, with the rest coming up to the building of the business. Then after one year, my share would go down to 60 percent, and be reduced year after year until I was left with 20 percent,” Kirby said, adding that he started with JZ Mosojane in Francistown and J Mbeki in Selibe Phikwe.
In Gaborone they had established two of their law firms, IS Kirby, then Kirby, Helfer and Khama. Then it was Kirby, Helfer and Collins. By that time, he was beginning to get business but his farming and manufacturing ventures were taking much of his time. “I thought it was better for me to withdraw so that my partners who were working hard did not feel that I was under performing, then for several years I was an entrepreneur trying many things including cattle post,” Kirby said.
Kirby ‘ s stroke of luck came when he secured some land in Gaborone North to develop a residential property. After realising that his training would go to waste, Kirby decided to find a way for his skill to contribute to the development of the country.
“I went to see the then Attorney General, Moleleki Mokama and I told him I will like to come back to serve the government. I got the job in 1990 as Deputy Attorney General and I worked for 10 years until I was eligible for a small pension. At the end of those 10 years, the then Chief Justice Julian Nganunu approached me and offered me a position of a judge in Lobatse,” Kirby said.
Kirby worked as a judge for five years and was approached by President Ian Khama for the position of president of the CoA.
“This was a surprise to me because I was just a High Court judge though I had sat as High Court judge of the CoA before then,” he said, adding that in October of the same year, he took over as president of the CoA.
“I was happy to be honoured with the Presidential Order of Honour ( PoH). Out of the blue came a letter from the Vice Chancellor of the University stating that the Senate and the Council had voted that I should be given an honorary doctorate of law. I was so surprised, but I was also very proud because after all these years, I was being recognised,” Kirby beamed joyfully.