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...
Lesotho’s Chief Justice bars SA’s Shaun Abrahams from trial over ‘unacceptable behaviour’
Controversial advocate, Shaun Abrahams, forced from his top prosecution job in South Africa, has been hauled over the coals by Lesotho’s Chief Justice Sakoane Sakoane for his behaviour in a bitterly contested trial, and has been barred from further participation in...
Preserve your independence, court urges Namibia’s election commission
A full bench of Namibia’s high court has found that the country’s electoral commission acted unlawfully when it removed certain approved names from the list of candidates supplied by a political party and allowed other party members to replace them and be sworn-in,...
African Court tells Tanzania: your constitution violates basic rights
Africa’s premier regional court, the African Court on Human and Peoples’ Rights, has found that Tanzania’s constitution is in breach of the African Charter and other international law. This is because it provides that no one may test the results of Tanzania’s...
Government’s ‘contempt’ raised in challenge to Tanzania’s bail-ban laws
Tanzania’s bail laws have been brought into line with the country’s constitution, following an application by a member of the legal profession. But in the aftermath of the decision there’s confusion and concern, mostly related to the appeal noted by the government the...
Malawi appeal court judges set new election standards
The appeal court has been considering a decision by Malawi's constitutional court, handed down earlier this year. The lower court had reached the shock conclusion that Mutharika was not in fact ‘duly elected’ in the May 2019 polls, and that new elections had to be...
What orders did the court issue in the case brought by the family of Collins Khosa?
The court made a number of declarations of principle that must continue to operate even during the state of disaster caused by the lockdown and other steps taken by the government to curb the spread of COVID-19. It also issued several orders about what the security...
A win for all of South Africa against brutality by security forces
In a major victory for human rights, the family of Collins Khosa and their neighbours have won a court application for orders against the security forces and their bosses. And they will no doubt be awarded significant damages when that part of the litigation is...