... in a free state of mind

Concern over impact of Botswana’s appeal decision on ‘refugees’

14 September 2019 | Carmel Rickard

When Botswana’s Court of Appeal delivered its recent decision on 709 people from Caprivi, living in the Dukwi refugee camp, deep in Botswana and close to the border with Zimbabwe, the judgment came as a serious blow to the hopes of the refugees. It has also raised questions by the refugees and their supporters, local and international, about whether the court was correct in its approach. Less theoretically, the refugees are deeply concerned about the dangers that they believe await them once they are returned to Caprivi – something that now seems inevitable – as well as the impact on their children’s education.

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Conservation victory as Kenyan judge rules against ministers

30 August 2019 | Carmel Rickard

One of Kenya’s fabled national parks and the most remote of them all, is allegedly under threat by the actions of two cabinet ministers and the neglect of the country’s wildlife service. That is according to claims made in litigation before the environmental and land court. The case concerns the Malka Mari national park along the Daua River forming the border with Ethiopia in the far north east of Kenya and near the boundary with Somalia. Granting an urgent interim order to prevent the ministers allocating any further land to squatters or offering tenders for any further buildings or infrastructure, the judge said the matter was in the public interest and that the ministers and other respondents had not challenged any of the allegations against them. 

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Self-confessed poachers acquitted after prosecution’s mistake

30 August 2019 | Carmel Rickard

Two Tanzanian poachers, who admitted they shot two animals in a national park, have been acquitted and set free on a second appeal. The country’s chief justice and two other appeal court judges found the prosecution had made crucial mistakes in the trial of the two men. The poachers had initially pleaded guilty to tracking and killing an impala and a kudu in the Ruaha National Park.

Read Erneo Kidilo & Another vs Republic (Criminal Appeal No.206 of 2017) TZCA 253; (21 August 2019) (PDF):

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Concern over impact of Botswana’s appeal decision on ‘refugees’

|

When Botswana’s Court of Appeal delivered its recent decision on 709 people from Caprivi, living in the Dukwi refugee camp, deep in Botswana and close to the border with Zimbabwe, the judgment came as a serious blow to the hopes of the refugees. It has also raised questions by the refugees and their supporters, local and international, about whether the court was correct in its approach. Less theoretically, the refugees are deeply concerned about the dangers that they believe await them once they are returned to Caprivi – something that now seems inevitable – as well as the impact on their children’s education.

Read more

Conservation victory as Kenyan judge rules against ministers

|

One of Kenya’s fabled national parks and the most remote of them all, is allegedly under threat by the actions of two cabinet ministers and the neglect of the country’s wildlife service. That is according to claims made in litigation before the environmental and land court. The case concerns the Malka Mari national park along the Daua River forming the border with Ethiopia in the far north east of Kenya and near the boundary with Somalia. Granting an urgent interim order to prevent the ministers allocating any further land to squatters or offering tenders for any further buildings or infrastructure, the judge said the matter was in the public interest and that the ministers and other respondents had not challenged any of the allegations against them. 

Read more

Self-confessed poachers acquitted after prosecution’s mistake

|

Two Tanzanian poachers, who admitted they shot two animals in a national park, have been acquitted and set free on a second appeal. The country’s chief justice and two other appeal court judges found the prosecution had made crucial mistakes in the trial of the two men. The poachers had initially pleaded guilty to tracking and killing an impala and a kudu in the Ruaha National Park.

Read Erneo Kidilo & Another vs Republic (Criminal Appeal No.206 of 2017) [2019] TZCA 253; (21 August 2019) (PDF):

Read more