UK court hands “Africa’s last colony” an unexpected win
While two rival meetings were being held in Africa this week on the disputed future of Western Sahara, the territory – often referred to as Africa’s last colony – won an unexpected victory in court. Read judgment At opposite ends of Africa, the disputed future of...
Damages “not an automatic right” in judicial review
IN THEIR OWN WORDS International Development Consultants v Jimmy Muyanja High Court, Uganda Judge Ssekaana Musa The applicants in this judicial review had asked for special and general damages. Judge Musa commented: The applicant prayed for special and general...
Maize, money, cattle, goats and cotton: compensation for wife-murder
IN THEIR OWN WORDS S v Nyamayevhu High Court, Masvingo, Zimbabwe Judge Garainesu Mawadze In this case of wife-murder, the accused had been in custody for six months as he was refused bail, the judge said. He added: While in custody, the now-deceased's relatives caused...
Spy thriller played out in Uganda’s high court
It made a great splash in the media when Ugandan civil servant Stephen Kisembo was arrested and charged with spying for Sudan. But when the high court of Uganda acquitted Kisembo there was little interest. In my view, however, given the sensitive nature of the...
Raped child not sworn in properly: life sentence, conviction set aside
The child in this case claimed she had been raped by a relative of her father’s, starting from when she was nine years old. The case against the accused seemed strong, and the regional (senior) magistrate convicted him and sentenced him to life imprisonment. But when...
Good news – and bad – for African judiciary charged with wrong-doing
For two senior African judges, this has been a particularly momentous month. Justice Joseph Wowo of Nigeria, former Chief Justice of Gambia, has been effectively exonerated by a regional court after his humiliating treatment at the hands of the courts in Gambia and...
Recusal as a form of protest? – don’t do it, says Namibia’s highest court
TWO regional magistrates felt they were being badly treated over promotion and recused themselves in protest. Now they have been ordered back to work by Namibia’s top court. The magistrates stood down from several part-heard cases to highlight what they considered...
A vehicle to test union’s own labour practices
Talk about the shoe being on the other foot: one of SA's major unions recently had an unusual experience when one of its own employees took it to court, claiming to be the victim of an unfair labour practice. THIS is a case certain to intrigue everyone in SA’s formal...
Happy human rights day from South Africa and happy Independence Day to Namibians
South Africa sets aside a national public holiday every year specially to mark human rights. It commemorates the tragedy of Sharpeville where, on 21 March 1960, police opened fire on peaceful protesters, leaving at least 69 people dead and 180 injured. The hated "pass...
Don’t try to hide your delays by blaming court congestion – judge
Did Kenya's First Community Bank actually want to go ahead with its case? Otherwise, why had its litigation been so delayed, asked the court. The parties before Judge James Aaron Makau were divided in their answer. Those who were to be sued by the bank for a great...