AFTER many months of unpleasantness, uncertainty and threat of impeachment, Chief Justice Mathilda Twomey of Seychelles – the first woman to hold this position in her country – has been completely exonerated by a tribunal of inquiry. The tribunal’s report, published on Friday, was written by three prominent jurists: recently retired Australian judge Michael Adams, SA judge John Murphy and Nigerian judge Olufunmilayo Atilade. Their report closely examines the complaints against her made by her fellow judge, Durai Karunakaran, and unanimously concludes that his complaints are entirely baseless. They find her actions were all proper, professional and, in the circumstances, even what was required of her.
TRADITIONAL leaders in Malawi’s Chikwawa district have won a significant court victory over a developer. This after he asked for judicial help in throwing a local community off land where they have lived for many years – but failed to disclose key facts to the court. An initial injunction against the local community was granted earlier this year, but then it emerged that he hid important facts in his original application, brought without notice to the traditional community. When Judge Kenyatta Nyirenda discovered the full story, he commented on the “sheer effrontery” of the application, and threw it out.
ATTENTION judges who attended Jifa’s advanced course on international human rights law in Cape Town earlier this month. During the training week, Jifa discussed a recent decision by Namibia’s Judge President Petrus Damaseb with expert course trainer, Peter Carter QC. We asked for Carter’s comments on the judgment in the context of the course, namely that any judge – not just a specialist court – might find themselves in a position to consider applying international Protocols. What would other judges be able to learn from the judgment, we wondered. Take a look at the judgment – the accused was charged with rape and trafficking – and at how Judge Damaseb invoked the Palermo Protocol of 2000 (the UN Protocol to Prevent, Suppress and Punish Trafficking in Person, especially Women and Children). Then see the trainer’s comments.
Grant extracts and collates the principles of Criminal law that can sometimes be complex, in a way that allows for a clear understanding of the current law. This text will show that, to a very large extent, South African Criminal Law maps onto most ordinary intuitions about what is fair and just. Where it is not, Grant explains how this may be understood and the extent to which it may be reconciled with defensible principles. This analysis is crucial for understanding criminal law in SA, but what follows - where Grant subjects the law to a critical analysis - is what sets this work apart and makes it a necessary tool for anyone who wants to practice or to properly understand what criminal law is in South Africa and what it should be.
This text is live and will continue to be added to an updated. As it stands it covers all general principles with the exception of a chapter on attempt liability and three chapters on specific grounds of justification under unlawfulness (private defence, necessity, and consent). These four remaining chapters will be completed soon and hopefully included in the next revision service. It is intended as a text of principles of criminal law.
KENYA’S courts find themselves in a unique position: they have a starring role on the list of both the world’s best – and the world’s worst – judgments. The awards are made every year by Women’s Link Worldwide, and acknowledge the role that a court’s decisions may make to improving gender equality or to making it worse. A case from Kenya is shortlisted for the 2018 Golden Gavel award because it makes life better for women. Winners of that award will be announced at the end of October 2018. On the other hand, an outright winner of last year’s Golden Bludgeon award for negatively affecting women’s rights, was another case from Kenya’s courts.