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...
Lawyers don’t have to pay double tax, minister should consult next time – Uganda court
After a long and difficult battle with the relevant minister, Uganda's law society has staved off attempts to subject members to double taxation. The government had included lawyers on a schedule of professions and businesses that had to apply for local licences to...
Malawi case flags growing threats to human rights, role of African Court
Almost every country in the world is experiencing a narrowing of peoples’ rights and freedoms because of government restrictions imposed in the name of fighting the Covid-19 pandemic. But will these governments willingly give up their new powers as the contagion...
Teachers body vicariously liable for rape, sexual assault at school – appeal judges
Whenever a judgment announces that it is dealing with ‘novel questions of law’, readers need to pay close attention. This is just such a case. It concerns Kenya’s Teachers Service Commission, a body that had employed a teacher who sexually abused some students. Was...
Posthumous win for Kenyan human rights activists
Many decades after they were detained and tortured, two prominent Kenyan activists who campaigned for multi-party democracy and human rights have been awarded posthumous compensation related to their detention and torture under previous repressive governments. The...
Dying surrounded by family ‘a most fundamental right’ – court
In a case that has moved readers worldwide and that sparked a judge to comment on the rights of a dying person even during the COVID-19 pandemic, a court has ordered that a terminally ill Nigerian woman living in the UK be allowed to leave the care home where she had...