Death sentence for ‘devilish’, ‘primitive’ murder of man with albinism
The last court-imposed execution was carried out in Malawi during 1992. Some 15 people were on death row at the end of 2017, and though the number has increased since then there have been no further hangings. However, the question of whether the death penalty will...
Bank ‘secrecy’ ruling a blow for transparency, media freedom
The High Court of Eswatini (formerly Swaziland) has upheld and defended the secrecy surrounding that country's central bank. The court had been asked by the governor of the central bank for an interdict preventing a local newspaper from reporting on a leaked...
Afro-soul food has its day in court
In this case, from the High Court, Kwazulu-Natal, South Africa, Golden Fried Chicken wanted to restrain Oh My Soul Café from using certain of its trademarks. What complicated matters is that while Golden Fried Chicken trades in cooked meat, Oh My Soul deals in vegan...
Why judges like to wear wigs and gowns
This unusual explanation for why judges in some countries want to hold on to the colonial practice of wearing wigs and gowns in court came from a judge in Malawi as part of a recent decision. Judge Zione Ntaba of the high court, Malawi, was delivering judgment in the...
Welcome judicial sensitivity in domestic dispute ruling
Three High Court judges, sitting in Johannesburg, South Africa, as an Appeal Bench, have found an agreement between a now-estranged couple is invalid because the woman signed due to the 'undue influence' of her then partner. The agreement would have given the man half...
“Iron fist” for fight against poaching, smuggling – court
Despite the scourge of wildlife poaching across Africa, the courts seldom see either poachers or smugglers in the dock. A recent trial followed by an appeal, however, has given members of the judiciary in Namibia a chance to express their concern about these crimes...
Controversial land inquiry warned on infringing judicial independence
Tension between Uganda’s judiciary and a commission of inquiry headed by one of the judiciary’s own members has heightened following a new Court of Appeal decision. The appeal judgment refused to stay a huge, court-ordered payout to a local pastor and land broker, as...
Princess not considered for traditional throne because of her gender
For all its constitutional commitment to the equality of women, South Africa still experiences difficulties when it comes to matters of traditional leadership. That’s because these are often resolved at the local level in a way that assumes women are ineligible for...
Death sentence of seven years for the same offence? – Kenya’s conflicted penal code
When a death row prisoner has his date with the executioner commuted and starts a lifelong relationship with the inside of a prison instead, he will usually continue to explore every avenue to escape a prolonged life behind bars. Those explorations seldom amount to...
Lesson in democracy for Namibia’s intelligence services
Namibia's top court has delivered a decision giving notice to the country's intelligence services that they, too, fall under the aegis of a constitutional democracy. The case concerned material collected by an investigative journalist that appeared to show the Namibia...