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...
Litigate to improve popularity?
This case related to a short-lived government tax on mobile money deposits. As Judge Ssekaana Musa explained, however, the issue involved had been sorted out well before the matter was argued, and the disputed provision withdrawn. So, what was the point in the...
“Mind boggling” to resolve status of Swazi industrial courts
The Swazi courts have been battling to resolve the question of where the judges of the industrial court and the industrial court of appeal fit into the court hierarchy. In a long, complex and technical decision, that country’s highest court has laid down the law: the...
East African Law Society in plan to ease serious tensions between Rwanda, Uganda
The 17 000-strong East African Law Society has this week thrown its weight behind efforts to reduce growing antagonism between Rwanda and Uganda. Under its new president, Willy Rubeya, the society has offered to help with mediation, so that the border between the...
Liberia’s “tardiness” over money-laundering investigations condemned by West African regional court
Judges of the West African regional court have joined the fight against money laundering. They have delivered a major new decision permitting the Liberian government’s continued freezing of an account. Vast sums have been moving in and out of this account even though...
Legal tree grows from mustard seed of judicial review
Over a dry decision involving judicial review a judge introduces the shade of a Biblical mustard tree High Court, Kenya R v St Joseph’s School Rapogi Dealing with the development of judicial review, Judge Antony Mrima wrote that the limits of judicial review were...
Eviction from communal land – only chiefs or traditional authority may do so, says court
A small-scale farmer in the far north of Namibia wanted to evict his cousin from the same piece of land where he was working the land because the cousin was ignoring conditions aimed at protecting the highly-sensitive veld. But Judge Shafimana Ueitele found that the...
Shock “advice” by international court on another forgotten African colony
For tourists and South African investors, Mauritius is often seen as a quiet paradise, politically stable and a model of both democracy and humane economic development. Now, thanks to a new advisory opinion of the International Court of Justice, Mauritius –...