Court decision adds to woes of embattled Kenyan president
Already under severe criticism for his stance on new taxes and the brutal suppression by police of protests against the scheme, Kenya’s president William Ruto must now come to terms with yet another setback, this time from the courts. He had appointed a commission of...
Has something changed in Harare’s thinking about land grabs?
For some time, Zimbabwe’s courts have been regarded with great concern by human rights organisations because of their apparent lack of independence from government, and their tendency to deliver decisions that suit the needs of the ruling party. In fact, they are...
Anti-corruption ruling by Eswatini CJ wrongly interpreted for eight years – high court
Eswatini’s anti-corruption commission (ACC) has been in a state of virtual paralysis since 2016, following a decision by the chief justice, Bheki Maphalala. The commission interpreted the CJ’s comments that the wide-ranging powers given to the commission in terms of...
How Namibia’s apex court dealt with public opinion in its gay sex judgment
A major new judgment from a full bench of the high court in Namibia has set aside that country’s common law crimes of sodomy and unnatural sexual offences. The court found them both unconstitutional and invalid, and said they made unjustified inroads on the human...
Iconic Ugandan tree giants safe after legal victory
An important new victory from the high court in Uganda stresses the crucial role that courts can play in ensuring environmental rights. It also follows the trend in that country of courts writing decisions that respect environmental protections. Just as significant,...
Rule of law wins in Malawi legal dispute: appointment of soldier, recalled from retirement, set aside
When Malawi’s President Lazarus Chakwera appointed a new director general to lead the country’s troubled immigration department, the decision sparked a dispute over the appointee’s suitability. The department deals with issuing passports as well as with immigration,...
Ugandan law school teachers’ bold step should be applauded
Law teachers at Uganda’s Makerere University have taken a brave step: in the name of academic freedom, they have declared their unanimous support for colleagues who set a controversial constitutional law exam. The paper requires students to think critically about...
A shipwreck, lost treasure and lessons for lawyers ….
Sometimes complex litigation can mask a powerful human drama. The case of Argentum Exploration against South Africa is just such a tale. Behind arcane argument in the UK courts about whether SA had to pay salvage costs to Argentum for raising lost treasure from...
Top court scathing over irritated judge who flounced from court during hearing
A JUDGE who did the unthinkable and flounced out of a formal court sitting, apparently irritated with counsel’s line of questioning, should have agreed to stand down when an application was subsequently brought for his recusal, the supreme court of appeal (SCA) has...
Judges hear what lawyers expect from them in human rights cases
For what was almost certainly the first time in their lives, judges from across Africa have been hearing what advocates specialising in human rights work expect from them. The 20 judges, from 11 African countries, met last week for training in human rights law and...