Uganda’s constitutional court petitioned over AG’s ‘judicial interference’
Uganda’s legal system is embroiled in yet another controversy over alleged political interference in judicial independence. This time, an official of the Attorney-General’s office wrote to the principal judge (roughly equivalent to a divisional judge president in...
Five SA counsel run up against Namibia’s immigration laws
No fewer than five South African advocates have found themselves on the wrong side of the immigration laws in Namibia over the last weeks. The first to experience the rough edge of Namibia’s immigration law or its regulations was Cape Town’s Theodorus Adam Barnard, on...
Major tax fraud case creates legal history in Uganda
A recently-delivered judgment from the high court in Uganda has made judicial history: the judge held that, under some circumstances, a company ‘dissolved’ as part of insolvency proceedings could be brought back to life, as it were, and the official dissolution set...
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...