# Kevin Swain

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**Kevin Gerard Beecroft Swain** (born 20 December 1950) is a South African retired [judge](/source/Judge) who served in the [Supreme Court of Appeal](/source/Supreme_Court_of_Appeal_(South_Africa)) from 2014 to 2020. He was formerly a judge of the [KwaZulu-Natal High Court](/source/KwaZulu-Natal_High_Court) from 2003 to 2014. Before joining the bench in November 2003, he was an advocate and [Senior Counsel](/source/Senior_counsel) in [Pietermaritzburg](/source/Pietermaritzburg).

## Early life and education

Swain was born on 20 December 1950 in [Pietermaritzburg](/source/Pietermaritzburg) in the former [Natal Province](/source/Natal_(province)).[1] He attended [Merchiston Preparatory School](/source/Merchiston_Preparatory_School) and [Maritzburg College](/source/Maritzburg_College), matriculating in 1967.[2]

Thereafter he studied at the [University of Natal](/source/University_of_Natal)'s Pietermaritzburg campus, where he completed a BSc in 1972 and an LLB *cum laude* in 1975, and at the [University of Cambridge](/source/University_of_Cambridge), where he completed a second LLB in 1977.[1] His study at Cambridge was funded by a bursary from the Attorneys, Notaries and Conveyancers Fidelity Fund.[1]

## Legal career

Swain was admitted as an [advocate](/source/Advocates_in_South_Africa) in 1975, shortly after his graduation from the University of Natal.[1] When he returned to South Africa from Cambridge in 1977, he commenced his practice at the Pietermaritzburg Bar, where he worked for the next 26 years and where he [took silk](/source/Senior_counsel) in 1993.[2] During the post-[apartheid](/source/Apartheid) period, his clients included the [African National Congress](/source/African_National_Congress), which he represented in litigation on [floor-crossing](/source/Floor_crossing_(South_Africa)).[3][4]

During his time at the Bar, Swain was a part-time lecturer at the University of Natal from 1978 to 1980, teaching [public international law](/source/Public_international_law) and [law of evidence](/source/Law_of_evidence_in_South_Africa), and he was later the vice-chairman of the Pietermaritzburg Bar for two terms from 1995 to 1997 and from 1999 to 2001.[1] In addition, he was an acting judge in the [KwaZulu-Natal High Court](/source/KwaZulu-Natal_High_Court) on several occasions between 1998 and 2003.[1]

## KwaZulu-Natal High Court: 2003–2014

On 1 November 2003, Swain joined the bench permanently as a judge of the KwaZulu-Natal High Court.[2] He served in that court for over a decade, although he served a protracted stint as an acting judge in the [Supreme Court of Appeal](/source/Supreme_Court_of_Appeal_(South_Africa)) from October 2012 to May 2014; during the same period, he was also periodically an acting judge in the [Competition Appeal Court](/source/Competition_Appeal_Court).[1]

## Supreme Court of Appeal: 2014–2020

In April 2014, Swain was among seven candidates whom the [Judicial Service Commission](/source/Judicial_Service_Commission_(South_Africa)) shortlisted and interviewed for possible permanent elevation to the Supreme Court of Appeal. Then serving as an acting judge of appeal, he was viewed as a frontrunner: Judge President [Lex Mpati](/source/Lex_Mpati) was complimentary during his interview,[5] and the *[Business Day](/source/Business_Day_(South_Africa))* described his candidacy as "apparently universally supported".[6] After the interviews, the commission recommended Swain, [Boissie Mbha](/source/Boissie_Mbha), and [Dumisani Zondi](/source/Dumisani_Zondi) for appointment,[7] and President [Jacob Zuma](/source/Jacob_Zuma) accepted the recommendation the following month, appointing the trio to the Supreme Court of Appeal with effect from 1 June 2014.[8] Swain served in the appellate court until his retirement in 2020.[1]

## Personal life

He is married to Anne Swain; they have two children.[1]

## References

1. ["Swain, Kevin Gerard Beecroft"](https://www.supremecourtofappeal.org.za/index.php/judges/acting-judges-of-the-supreme-court-of-appeal/24-judges/swain-kevin-gerard-beecroft). *Supreme Court of Appeal*. Retrieved 2024-01-16.

1. ["Names in the News: Judge Kevin Swain"](https://www.gcbsa.co.za/law-journals/2004/april/2004-april-vol017-no1-p32.pdf). *Advocate*. **17** (1): 32. April 2004.

1. ["Constitution sanctions floor-crossing"](https://www.news24.com/news24/constitution-sanctions-floor-crossing-20020807-2). *News24*. 7 August 2002. Retrieved 2024-01-16.

1. Zondi, Dumisani (23 October 2002). ["Defectors to be replaced"](https://www.news24.com/news24/defectors-to-be-replaced-20021023). *News24*. Retrieved 2024-01-16.

1. ["JSC recommends judges for Supreme Court of Appeal"](https://www.businesslive.co.za/bd/national/2014-04-09-jsc-recommends-judges-for-supreme-court-of-appeal/) (in en-ZA). *Business Day*. 9 April 2014. Retrieved 2023-12-30.

1. ["Split opinion on appeal court candidates unusual"](https://www.businesslive.co.za/bd/national/2014-04-07-split-opinion-on-appeal-court-candidates-unusual/) (in en-ZA). *Business Day*. 7 April 2014. Retrieved 2024-01-16.

1. Davis, Rebecca (2014-04-09). ["Is the Judicial Service Commission still a boys' club?"](https://www.dailymaverick.co.za/article/2014-04-10-analysis-is-the-judicial-service-commission-still-a-boys-club/). *Daily Maverick*. Retrieved 2023-12-30.

1. ["Zuma appoints new judges"](https://www.news24.com/news24/zuma-appoints-new-judges-20140530). *News24*. 30 May 2014. Retrieved 2023-12-30.

## External links

- [Kevin Gerard Beecroft Swain](https://www.supremecourtofappeal.org.za/index.php/judges/acting-judges-of-the-supreme-court-of-appeal/24-judges/swain-kevin-gerard-beecroft) at Supreme Court of Appeal
- [K. G. B. Swain](https://www.judgesmatter.co.za/k-g-b-swain/) at Judges Matter

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Adapted from the Wikipedia article [Kevin Swain](https://en.wikipedia.org/wiki/Kevin_Swain) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Kevin_Swain?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.
