Articles - 2018

All years

January 2018

Indigenousness and peoples’ rights in the African human rights system: situating the Ogiek judgement of the African Court on Human and Peoples’ Rights

Ricarda Rösch's article discusses the African Court on Human and Peoples’ Rights first indigenous rights case dealing with the expulsion of the Ogiek from their ancestral lands in the Kenyan Mau forest. The article highlights the judgement’s most interesting features in light of the ongoing debates surrounding indigenousness and indigenous rights in Africa.

Self-determination in the Case Law of the African Commission: Lessons for Europe

In this paper Stefan Salomon inquires, first, what legally might remain of self-determination in a postcolonial context by focusing on the case law of the African Commission on Human and Peoples Rights (ACHPR). Second, it asks what might be the lessons for Europe by gazing at the development of the legal concept of self-determination in Africa.

Mandatory death penalty a "colonial relic" and must go - Kenya's top court
[Book] The implementation of modern African Constitutions: Challenges and prospects

In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

[Book] African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives

African Customary Law in South Africa Professor IP Maithufi, Dr Sindiso Mnisi Weeks, Mr Lesala Mofokeng, Dr Dial Ndima, Edited by Professor Chuma Himonga, and Professor Thandabantu Nhlapo

Development: Economic Freedom Fighters v Speaker of the National Assembly
Development: Economic Freedom Fighters v Speaker of the National Assembly

The Constitutional Court of South Africa has ruled that the National Assembly is obligated to make rules holding the President to account, and that it should fulfil its obligations in that regard without delay.  In his dissenting judgment, the Chief Justice characterises the majority judgment as a textbook case of judicial overreach - a constitutionally impermissible intrusion by the Judiciary into the exclusive domain of Parliament.

Case Report: A.M.N & 2 others v Attorney General & 5 others (2015) eKLR: A Review of the Kenyan Position on Surrogacy

​Who is the lawful mother of children born in the context of a surrogacy agreement?  Would the genetic parents have to adopt their own children?  What is in the best interest of the child?

Analysis: Mifumi (U) Ltd & Others v Attorney General Kenneth Kakuru

Mifumi was decided by the Supreme Court of Uganda. It was an appeal from the Constitutional Court where the constitutionality of “bride price” was challenged at first instance.   The custom of refunding bride price on the dissolution of a customary marriage was ruled unconstitutional.

February 2018

Copyright & A2K Issues - 26 February 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to this newsletter, please email  Denise.Nicholson@wits.ac.za  with "Subscribe to Copyright & A2K Issues"  in the subject field.

Copyright & A2K Issues - 22 February 2018 (Pt. 1)

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from,  this newsletter, please email  Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 22 February 2018 (Pt. 2)

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from,  this newsletter, please email  Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 20 February 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from,  this newsletter, please email  Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 13 February 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from, this newsletter, please email  Denise.Nicholson@wits.ac.za

Namibian Supreme Court outlaws ultra-long prison sentences

In an important new decision, Namibia’s highest court has held that judges in that country may not impose jail terms that are “longer than a life sentence”. Prisoners serving life may be considered for possible parole after 25 years, and the supreme court has now held that any sentence in which parole is not at least notionally possible after 25 years, would be unconstitutional. The court was dealing with an appeal in which a trial court had imposed sentences of well over 60 years. Some judges imposed ultra-long sentences as a way of ensuring that a prisoner never became eligible for parole, said the court, but it was unacceptable to impose any sentence that was “in effect far more severe than (a) life sentence”.

How closure of TV stations has narrowed democratic space in Kenya
How closure of TV stations has narrowed democratic space in Kenya

The  closure  of three leading television stations on January 30 2018 by the Communications Authority of Kenya sparked a huge outcry.

Copyright & A2K Issues - 14 December 2017
Copyright & A2K Issues - 15 December 2017
Copyright & A2K Issues - 12 December 2017

March 2018

Copyright & A2K Issues - 29 March 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from, this newsletter, please email  Denise.Nicholson@wits.ac.za

Kenyan court of appeal ruling

THE legal battle over the ongoing failures of Kenya’s government to obey court orders has taken a fresh turn. In a new and significant ruling, the court of appeal has refused an official petition: high ranking Kenyan officials asked the appeal court to stay high court directions that activist lawyer Miguna Miguna be allowed to return home. As Carmel Rickard explains, this follows last month’s high court orders that Miguna, deported to Canada in flagrant defiance of judges’ instructions, must be brought back at government expense and on a date of his choosing.

Copyright & A2K Issues - 15 February 2017
Copyright & A2K Issues - 7 October 2009
Copyright & A2K Issues - 2 September 2009
Copyright & A2K Issues - 3 August 2009
Copyright & A2K Issues - 6 July 2009
Copyright & A2K Issues - 1 June 2009
Copyright & A2K Issues - 4 May 2009
Copyright & A2K Issues - 1 April 2009
Copyright & A2K Issues - 3 March 2009
Copyright & A2K Issues - 5 February 2009
Copyright & A2K Issues - 12 March 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to this newsletter, please email  Denise.Nicholson@wits.ac.za  with "Subscribe to Copyright & A2K Issues"  in the subject field.

Copyright & A2K Issues - 6 December 2017
Copyright & A2K Issues - 29 November 2017 (part 2)
Copyright & A2K Issues - 29 November 2017 (part 1)
Copyright & A2K Issues - 28 November 2017
Copyright & A2K Issues - 27 November 2017
Legal Deposit in South Africa - 3 November 2017
Copyright & A2K Issues - 1 November 2017
Copyright & A2K Issues - 31 October 2017
Copyright & A2K Issues - 30 October 2017
Copyright & A2K Issues - 17 October 2017
Copyright & A2K Issues - 11 October 2017 (Part 2)
Copyright & A2K Issues - 11 October 2017 (Part 1)
Copyright & A2K Issues - 7 October 2017
Copyright & A2K Issues - 4 October 2017
Copyright & A2K Issues - 3 October 2017
Copyright & A2K Issues - 2 October 2017
Copyright & A2K Issues - 28 September 2017
Copyright & A2K Issues - 18 September 2017
Copyright & A2K Issues - 13 September 2017
Copyright & A2K Issues - 14 September 2017
Copyright & A2K Issues - 7 September 2017
Legal Deposit in South Africa - 6 September 2017
Copyright & A2K Issues - 31 August 2017
Copyright & A2K Issues - 30 August 2017
Copyright & A2K Issues - 29 August 2017
Copyright & A2K Issues - 15 August 2017
Copyright & A2K Issues - 14 August 2017
Copyright & A2K Issues - 10 August 2017
Copyright & A2K Issues - 26 July 2017
Copyright & A2K Issues - 25 July 2017
Copyright & A2K Issues - 19 July 2017
Copyright & A2K Issues - 18 July 2017 (Pt 2)
Copyright & A2K Issues - 18 July 2017 (Pt 1)
Copyright & A2K Issues - 17 July 2017
Copyright & A2K Issues - 6 July 2017
Copyright & A2K issues - 28 June 2017 - NEWSFLASH!
Copyright & A2K Issues - 26 June 2017
Copyright & A2K Issues - 20 June 2017
Copyright & A2K Issues - 15 June 2017
Legal Deposit in South Africa - 14 June 2017
Copyright & A2K Issues - 14 June 2017
Copyright & A2K Issues - 7 June 2017
Copyright & A2K - 6 June 2017
Copyright & A2K Issues - 5 June 2017 (Pt 2)
Copyright & A2K Issues - 5 June 2017
Copyright & A2K Issues - 18 May 2017
Copyright & A2K Issues - 3 June 2017 (Newsflash)
Copyright & A2K Issues - 2 June 2017 (Pt 2)
Copyright & A2K Issues - 2 June 2017 (Pt 1)
Copyright & A2K Issues - 24 April 2017 (Part 2)
Copyright & A2K Issues - 1 June 2017
Copyright & A2K Issues - 31 May 2017
Copyright & A2K Issues - 30 May 2017
Copyright & A2K Issues - 26 May 2017 (News Flash)
Copyright & A2K Issues - 26 May 2017
Copyright & A2K Issues - 25 May 2017 (Pt. 2)
Copyright & A2K Issues - 25 May 2017 (Pt. 1)
Copyright & A2K Issues - 23 May 2017
Copyright & A2K Issues - 22 May 2017
Copyright & A2K Issues - 24 April 2017 (Part 1)
Copyright & A2K Issues - 7 April 2017
Copyright & A2K Issues - 3 April 2017
Copyright & A2K Issues - 30 March 2017
Copyright & A2K Issues - 17 April 2015 (2)
Copyright & A2K Issues - 17 April 2015
Copyright & A2K Issues - 16 April 2015
Copyright & A2K Issues - 29 March 2017
Copyright & A2K Issues - 31 March 2017
Copyright & A2K Issues - 13 March 2017
Copyright & A2K Issues - 28 February 2017 (Pt 2)
Copyright & A2K Issues - 28 February 2017 (Pt 1)
Copyright & A2K Issues - 27 February 2017
Copyright & A2K Issues - 13 February 2017 (Part 2)
Copyright & A2K Issues - 13 February 2017 (Part 1)
Copyright & A2K Issues - 10 February 2017 (Part 2)
Legal Deposit in South Africa - 17 January 2017
Copyright & A2K Issues - 10 February 2017 (Part 1)
Copyright & A2K Issues - 9 February 2017
Copyright & A2K Issues - 7 February 2017
Copyright & A2K Issues - 6 February 2017
Copyright & A2K Issues - 2 February 2017 (Part 2)
Copyright & A2k Issues - 2 February 2017 (Part 1)
Copyright & A2K Issues - 20 January 2017 (Pt 2)
Copyright & A2K Issues - 20 January 2017 (Pt 1)
Copyright & A2K Issues - 19 January 2017
Happy Christmas and New Year
Copyright & A2K Issues - 18 January 2016 (Part 2)
Copyright & A2K Issues - 18 January 2016 (Part 1)
Legal Deposit in South Africa - 16 January 2017
Copyright & A2 Issues - 16 January 2017 (Part 2)
Copyright & A2K Issues - 14 December 2016 (Pt. 2)
Copyright & A2K Issues - 16 January 2017 (Part 1)
Copyright & A2K Issues - 2 December 2016
Copyright & A2K Issues - 14 December 2016 (Pt 1)
Copyright & A2K Issues - 9 December 2016 (Pt 2)
Copyright & A2K Issues - 9 December 2016
Copyright & A2K Issues - 2 December 2016 (Pt. 2)
Copyright & A2K Issues - 22 November 2016
Copyright & A2K Issues - 8 November 2016
Copyright & A2K Issues - 7 November 2016
Copyright & A2K Issues - 1 November 2016 (Survey)
Legal Deposit in South Africa - 3 November 2016
Copyright & A2K Issues - 2 November 2016
Copyright & A2K Issues - 1 November 2016
Copyright & A2K Issues - 24 October 2016
Copyright & A2K Issues - 19 October 2016
Copyright & A2K Issues - 18 October 2016 (Part 2)
Copyright & A2K Issues - 18 October 2016
Legal Deposit in South Africa - 17 October 2016
Legal Deposit in South Africa - 24 September 2016
Copyright & A2K Issues - 23 August 2016 (Part 2)
Copyright & A2K Issues - 15 July 2016
Copyright & A2K Issues - 14 July 2016
Copyright & A2K Issues - 8 July 2016
Copyright & A2K Issues - 7 July 2016
Copyright & A2K Issues - 6 July 2016 (Part 2)
Copyright & A2K Issues - 6 July 2016 (Part 1)
Copyright & A2K Issues - 1 July 2016
Copyright & A2K Issues - 30 June 2016
Copyright & A2K Issues - 23 June 2016
Copyright & A2K Issues - 13 June 2016
Copyright & A2K Issues - 10 June 2016
Copyright & A2K Issues - 3 June 2016
Copyright & A2K Issues - 1 June 2016 (Part 2)
Copyright & A2K Issues - 1 June 2016 (Part 1)
Copyright & A2K Issues - 25 May 2016
Copyright & A2K Issues - 24 May 2016
Legal Deposit in South Africa - 23 May 2016
Copyright & A2K Issues - 20 May 2016
Copyright & A2K Issues - 18 May 2016
Legal Deposit in South Africa - 17 May 2016
Copyright & A2K Issues - 17 May 2016
Copyright & A2K Issues - 16 May 2016
Copyright & A2K Issues - 6 May 2016 (Part 1)
Copyright & A2K Issues - 10 May 2016
Copyright & A2K Issues - 9 May 2016
Copyright & A2K Issues - 6 May 2016 (Part 2)
Copyright & A2K Issues - 5 May 2016
Copyright & A2K Issues - 1 May 2016
Copyright & A2K Issues - 26 April 2016
Copyright & A2K Issues - 21 April 2016
Copyright & A2K Issues - 10 February 2016
Copyright & A2K Issues - 20 April 2016
Copyright & A2K Issues - 18 April 2016
Copyright & A2K Issues - 28 March 2016 (part 2)
Copyright & A2K Issues - 28 March 2016 (part 1)
Copyright & A2K Issues - 11 March 2016
Legal Deposit in South Africa - 10 March 2016
Legal Deposit in South Africa - 5 March 2016
Copyright & A2K Issues - 19 February 2016
Copyright & A2K Issues - 11 February 2016
Copyright & A2K Issues - 9 February 2016 (Part 2)
Copyright & A2K Issues - 9 February 2016
Copyright & A2K Issues - 5 February 2016
Copyright & A2K Issues - 2 February 2016
Legal Deposit in South Africa - 12 January 2016
Copyright & A2K Issues - 12 January 2016
Copyright & A2K Issues - 26 November 2015 (Pt. 1)
Copyright & A2K Issues - 11 January 2016
Copyright & A2K Issues - 18 November 2015
Legal Deposit in South Africa - 17 November 2015
Copyright & A2K Issues - 17 December 2015
Copyright & A2K Issues - 14 December 2015
Legal Deposit in South Africa - 29 November 2015
Copyright & A2K Issues - 26 November 2015 (Pt. 2)
Legal Deposit in South Africa - 26 November 2015
Legal Deposit in South Africa - 22 November 2015
Legal Deposit in South Africa - 21 November 2015
Legal Deposit in South Africa - Inaugural Newsletter - 20 November 2015
Copyright & A2K Issues - 17 November 2015
Copyright & A2K Issues - 30 October 2015
Copyright & A2K Issues - 29 October 2015 (Part 2)
Copyright & A2K Issues - 5 November 2015 (Part 2)
Copyright & A2K Issues - 5 November 2015 (Part 1)
Copyright & A2K Issues - 4 November 2015 (part 2)
Copyright & A2K Issues - 4 November 2015 (part 1)
Copyright & A2K Issues - 3 November 2015
Copyright & A2K Issues - 29 October 2015 - Part 1
Copyright & A2K Issues - 28 October 2015
Copyright & A2K Issues - 12 October 2015
Copyright & A2K Issues - 7 October 2015
Copyright & A2K Issues - 21 April 2015
Copyright & A2K Issues - 6 October 2015
Copyright & A2K Issues - 5 October 2015
Copyright & A2K Issues - 2 October 2015
Copyright & A2K Issues - 30 September 2015
Copyright & A2K Issues - 16 September 2015
Copyright & A2K Issues - 7 September 2015
Copyright & A2K Issues - 4 September 2015
Copyright & A2K Issues - 24 August 2015 (Pt. 2)
Copyright & A2K Issues - 24 August 2015
Copyright &A2K Issues -18 August 2015
Copyright & A2K Issues - 7 August 2015
Copyright & A2K Issues - 4 August 2015 (2)
Copyright & A2K Issues - 4 August 2015
Copyright & A2K Issues - 3 August 2015
Copyright & A2K Issues - 31 July 2015
Copyright & A2K Issues - 30 July 2015
Copyright & A2K Issues - 29 July 2015
Copyright & A2K Issues - 28 July 2015
Copyright & A2K Issues - 23 July 2015
Copyright & A2K Issues - 22 July 2015
Copyright & A2K Issues - 21 July 2015 (Pt. 2)
Copyright & A2K Issues - 21 July 2015 (Pt. 1)
Copyright & A2K Issues - 20 April 2015
Copyright & A2K Issues - 20 July 2015 (Pt. 2)
Copyright & A2K Issues - 20 July 2015 (Pt 1)
Copyright & A2K Issues - 12 June 2015 (Part 2)
Copyright & A2K Issues - 12 June 2015 (Part 1)
Copyright & A2K Issues - 8 June 2015
Copyright & A2K Issues - 4 June 2015
Copyright & A2K Issues - 3 June 2015
Copyright & A2K Issues - 2 June 2015
Copyright & A2K Issues - 1 June 2015
Copyright & A2K Issues - 29 May 2015
Copyright & A2K Issues - 28 May 2015 (Part 2)
Copyright & A2K Issues - 28 May 2015 (Part 1)
Copyright & A2K Issues - 27 May 2015 (Part 1)
Copyright & A2K Issues - 26 May 2015
Copyright & A2K Issues - 25 May 2015 (Part 2)
Copyright & A2K Issues - 25 May 2015 (Part 1)
Copyright & A2K Issues - 22 May 2015 (Part 2)
Copyright & A2K Issues - 22 May 2015 (Part 1)
Copyright & A2K Issues - 21 May 2015
Copyright & A2K Issues - 18 May 2015
Copyright & A2K Issues - 15 May 2015
Copyright & A2K Issues - 8 May 2015 (Part 2)
Copyright & A2K Issues - 8 May 2015 (Part 1)
Copyright & A2K Issues - 24 April 2015
Copyright & A2K Issues - 23 April 2015
Copyright & A2K Issues - 8 April 2015 (Part 2)
Copyright & A2K Issues - 8 April 2015 (Part 1)
Copyright & A2K Issues - 2 April 2015
Copyright & A2K Issues - 30 March 2015
Coyright & A2K Issues - 24 March 2015
Copyright & A2k Issues - 18 March 2015
Copyright & A2K Issues - 17 March 2015
Copyright & A2K Issues - 16 March 2015
Copyright & A2K Issues - 10 March 2015
Copyright & A2K Issues - 9 March 2015
Copyright & A2K Issues - 5 March 2015
Copyright & A2K Issues - 2 March 2015 (part 2)
Copyright & A2K Issues - 2 March 2015 (part 1)
Copyright & A2K Issues - 2 February 2015
Copyright & A2K Issues - 29 January 2015
Copyright & A2K Issues - 28 January 2015
Copyright & A2K Issues - 23 January 2015
Copyright & A2K Issues - 22 January 2015
Copyright & A2K Issues - 21 January 2015
Copyright & A2K Issues - 20 January 2015
Copyright & A2K Issues - 18 January 2015
Copyright & A2K Issues - 8 January 2015
Copyright & A2K Issues - 7 January 2015 (Pt. 2)
Copyright & A2K Issues - 7 January 2015 (Pt. 1)
Copyright & A2K Issues - 6 January 2015 (Pt 2)
Copyright & A2K Issues - 6 January 2015 (Pt 1)
Copyright & A2K Issues - 5 January 2015
Copyright & A2K Issues - 21 November 2014
Copyright & A2K Issues - 5 December 2014
Copyright & A2K Issues - 2 December 2014
Copyright & A2K Issues - 28 November 2014
Copyright & A2K Issues - 27 November 2014 (part 2)
Copyright & A2K Issues - 20 November 2014
Copyright & A2K Issues - 27 November 2014
Copyright & A2K Issues - 26 November 2014 (part 2)
Copyright & A2K Issues - 26 November 2014 (part 1)
Copyright & A2K Issues - 25 November 2014
Copyright & A2K Issues - 19 November 2014
Copyright & A2K Issues - 18 November 2014
Copyright & A2K Issues - 13 November 2014
Copyright & A2K Issues - 12 November 2014
Copyright & A2K Issues - 11 November 2014
Copyright & A2K Issues - 10 November 2014
Copyright & A2K Issues - 4 November 2014
Copyright & A2K Issues - 31 October 2014
Copyright & A2K Issues - 30 October 2014
Copyright & A2K Issues - 14 October 2014
Copyright & A2K Issues - 10 October 2014
Copyright & A2K Issues - 9 October 2014
Copyright & A2K Issues - 6 October 2014
Copyright & A2K Issues - 19 September 2014
Copyright & A2K Issues - 17 September 2014
Copyright & A2K Issues - 16 September 2014
Copyright & A2K Issues - 10 September 2014
Copyright & A2K Issues - 1 September 2014
Copyright & A2K Issues - 26 August 2014
Copyright & A2K issues - 15 August 2014
Copyright & A2K Issues - 22 August 2014
Copyright & A2K Issues - 21 August 2014
The Copyrightanda2kinfo Archives
AfricanLII is Hiring: Policy and Advocacy Lead (Ref SR157/14), Law
Copyright & A2K Issues - 8 March 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to this newsletter, please email  Denise.Nicholson@wits.ac.za  with "Subscribe to Copyright & A2K Issues"  in the subject field.

April 2018

FOREIGN JUDGES ON LESOTHO BENCH SLAM POLITICAL INTERFERENCE IN JUDICIAL APPOINTMENTS

AN EXTRAORDINARY new high court judgment from Lesotho highlights a serious problem in that country’s judicial and executive arms: every one of the last four permanent appointments to head Lesotho’s highest court has ended in scandal, with political interference playing a major role.

Uganda: Judicial Independence Reaffirmed

JUDGES of Uganda’s constitutional court have come to the rescue of two judicial colleagues: the two judges of that country’s industrial court were appointed for a five-year term, while the constitution says judges must have permanent, pensionable appointments. The two judges petitioned the court for help after they had no satisfaction when they raised the matter with the attorney-general. The court agreed that it was unconstitutional to appoint judges for a short-term period and that this could impact on judicial independence. But while the constitutional court decision is an important reaffirmation of basic principles entrenching the independence of the judiciary, Carmel Rickard suggests that the costs order – each party to bear its own costs even though the two judges were successful – could act as a deterrent in the future to private parties wanting to challenge unconstitutional acts or legislation.

South Africa's courts and lawmakers have failed the ideal of cultural diversity
South Africa's courts and lawmakers have failed the ideal of cultural diversity

The approach to law reform and judicial lawmaking that I propose is one in which African values are the starting point. This means accepting that African values exist. This might sound obvious. But a great many people deny that they do, or that they have any relevance in a modern society. These values display a different emphasis from the western world view, and South Africans need to accept that they have a positive contribution to make in creating a new society.

Clean air vs industrial development: Durban court case explained
Clean air vs industrial development: Durban court case explained

South Durban environmental alliance brings case to court.  What is the right balance between economic development and environmental protection? This is the issue raised in a court battle over a new industrial development in south Durban.

Ghana's justice system needs a major overhaul: here's what should be done

Ghana’s justice system is not just slow. It’s also expensive and sometimes even harsh.

South Africa: Customary Initiation Bill, 2018

The South African Parliament will soon consider a new Customary Initiation Bill.

May 2018

Copyright & A2K Issues - 29 May 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from, this newsletter, please email  Denise.Nicholson@wits.ac.za  with "Subscribe, or Unsubscribe, to Copyright & A2K Issues"  in the subject field.

Legal Deposit in South Africa - 1 June 2017
Capital Gains Tax in Transactions entered into pursuant to the Chargee’s Statutory Power of Sale not Payable before Completion of Sale of the Charged Property

By an administrative action announced in a notice published in the Daily Nation newspaper on October 4, 2016 the Respondent discontinued the manual payment of both stamp duty and Capital Gains Tax (CGT) and required the simultaneous online payment of both stamp duty and CGT. It is alleged that the effect of the announcement was that stamp duty had to be paid through the Respondent’s I-tax system simultaneously with the CGT. It was also alleged that the I-tax system did not permit the payment of stamp duty on a transfer unless an acknowledgment number for the payment of CGT on that sale was entered into the I-tax system. Aggrieved by the Respondent’s administrative action the Applicant filed the instant Application.

Principles that Govern Matters of General Public Importance 

What types of appeals lay from the Court of Appeal to the Supreme Court What were the principles to determine whether a matter was of general public importance Whether a matter that would affect fundamental freedoms amounts to a matter of general public importance

Dismissal of cases that raise issues of breach of fundamental rights and freedoms at an interlocutory stage

The  ex parte  Applicants were elected Members of the National Assembly representing various constituencies and were all members of the Jubilee Party having been elected on its ticket. The Applicants were nominated and consequently approved by the House as members of the Labour and Social Welfare Committee, Agriculture and Livestock Committee, Environment and Natural Resources Committee and Parliamentary Broadcasting and Library Committee in the National Assembly. The  ex parte A pplicants expressed interest in being considered as leaders of their respective Committees and were elected as the Chairpersons of the said committees on December 20, 2017. On December 21, 2017 the  ex parte  Applicants were served with notices from the 3 rd  Respondent notifying them of their intended discharge from the said departmental committees. Subsequently, the 1 st  Respondent discharged them from their various departmental committees. Aggrieved by the decision to discharge them, the  ex parte  Applicants sought leave of the Court to institute judicial review proceedings, the Court granted leave to the Applicants to commence judicial review proceedings and directed that the said leave operate as a stay of the decision of the 1 st  and 3 rd  Respondents to discharge the Applicants from their various departmental committees pending the hearing and determination of the substantive motion. Aggrieved by the Court’s decision the 1 st  and 2 nd  Respondent filed an application seeking several orders among them that the judicial review proceedings commenced by the  ex parte  Applicants be dismissed and that the  ex parte  Applicants be referred to the appropriate forum for the adjudication of the dispute. The 3 rd Respondent subsequently filed a Preliminary Objection on the grounds that the Court lacked jurisdiction to determine the proceedings.

‘War against women’ with rise in gender-based torture

A judge in Zimbabwe has slammed fatal domestic violence against women as 'gender-based torture'. Sentencing a man who savagely murdered his partner the judge, Amy Tsanga, said women were 'clobbered, booted, strangled, stabbed or slashed to death' by their partners. Such attacks so often happened in their own bedrooms that these spaces had become 'a deadly environment' for women. In her A Matter of Justice column on the Legalbrief site, Carmel Rickard writes about this and other similar cases finalised in the courts of the southern African region in the first half of April alone, and says there seems to be a 'war against women'.

Lesotho High Court Recognises the Sexual and Reproductive Rights of Female Soldiers

On 14 February 2018, the Lesotho High Court handed down judgment in a landmark case on women’s rights. The judgment of Sakoane J (as part of a 3 panel bench) in the case of  Private Lekhetso Mokhele and Others v The Commander, Lesotho Defence Forces and Others  sets an important precedent on the rights of pregnant employees in the military.

Copyright & A2K Issues - 2 May 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to or unsubscribe from to this newsletter, please email  Denise.Nicholson@wits.ac.za  with "Subscribe to Copyright & A2K Issues"  in the subject field.

June 2018

Copyright & A2K Issues - 20 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo  or email Denise.Nicholson@wits.ac.za

Copyright & A2K Issues - 19 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 13 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  The Archives can be found at: https://africanlii.org/content/copyright-a2k-information If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za

Why the dominance of big players is bad for South Africa’s economy

Talk of radical economic transformation in South Africa requires a second look if it is to deliver the goods. While the concept has assumed varying definitions in recent times, it’s generally accepted as representing a push for  structural change  of the post-apartheid economy in a way that creates space for the black majority to participate fully.

Copyright & A2K Issues - 8 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 5 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za

Copyright & A2K Issues - 4 June 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za

July 2018

African Court on Human and Peoples’ Rights Organises Sensitisation Seminars to Sierra Leone and Liberia Next Month
Copyright & A2K Issues - 26 July 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo   or email Denise.Nicholson@wits.ac.za

Copyright & A2K Issues - 24 July 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo   or email Denise.Nicholson@wits.ac.za

Judge faces impeachment over drunken misconduct - 11 years later
Three New Judges Elected to the African Court on Human and Peoples' Rights; VP Justice Ben Kioko Re-elected for Second Term

PRESS RELEASE

Copyright & A2K issues -9 July 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo or email Denise.Nicholson@wits.ac.za .

Copyright & A2K Issues - 4 July 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo  or email Denise.Nicholson@wits.ac.za

August 2018

Copyright & A2K Issues - 28August 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za only ( N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 21 August 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at: http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo   or email Denise.Nicholson@wits.ac.za

Copyright & A2K Issues - 8 August 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at: http://www.africanlii.org/content/copyright-a2k-information .   If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo   or email  Denise.Nicholson@wits.ac.za

September 2018

Challenging sentencing considerations in Malawi's cashgate scandal

Depending on the sources you consult, Malawi’s infamous Cashgate corruption scandal involved between MWK236 billion and MWK577 billion of public funds. This wholesale looting of government money was made possible by loopholes in state financial systems, exploited by a wide range of people over a number of years. While trials are continuing, the most recent accused to be sentenced was a former top official in the ministry of tourism, Leonard Karonga. Carmel Rickard takes a look at some of the difficult challenges faced by the court in deciding his punishment.

Lesotho: Independence of the Judiciary in Peril
Lesotho: Independence of the Judiciary in Peril

FOR the second time this year, the political authorities in Lesotho are involved in major litigation that threatens the independence of the judiciary. As Carmel Rickard writes, the latest shock is the government’s determined efforts to get rid of Lesotho’s first woman chief justice, Nthomeng Majara.

No “rationale” or “justification” for Kenya’s travel ban on academics - court

A CONTROVERSIAL ban on Kenyan public servants leaving the country without presidential permission has been dealt a resounding blow: the constitutional division of the high court says that the extension of that ban to academics is null and void. The court found that the ban as it applied to academics was neither reasonable nor justifiable in an open and democratic society. The ban, issued shortly after the supreme court found the August 2017 elections were invalid, led to widespread criticism. Though initially issued to stop any public servant leaving Kenya without permission, a letter from the ministry of education later stressed that the ban also applied to all academics in public institutions who had to “seek clearance from the President” before leaving Kenya.

Lone judicial voice in runup to Zimbabwe's elections

In Zimbabwe elections on 30 July were followed by violence in which soldiers opened fire on people protesting against what they claimed were “rigged” election results, killing at least six people.  During the months before the elections, however, many court applications tried to ensure broader democracy and a more transparent election process – almost all without success. Read here about the solitary exception in which a judge ordered the ruling party to stop misusing schools and school children for party rallies, only to be overturned on appeal.

Judges stress "sanctity" of constitution as tension mounts over rule of law

AT 814 pages, this critically important constitutional court decision was never going to be easy to digest. Five judges, headed by the deputy chief justice, Alfonse Chigamoy Owiny-Dollo, contributed to its length and they all had a lot to say.

Corruption-busting strategy tested in Kenya court

CONSTITUTIONAL limits on how to deal with corruption – said to be Kenya’s Public Enemy Number One – have been taxing Nairobi judge, Byram Ongaya, after local activist Okiya Omtatah Okoiti challenged new moves to vet public servants.

Between abduction and contempt of court: children left without parents

A NIGERIAN father of three, serving time in a UK jail, says the English judges who heard his case are “racist” and “biased”, and that his imprisonment amounts to slavery. Levi Egeneonu is in prison for contempt of court, after he refused to return his three sons to the UK, where their mother – who has not seen her children since 2013 – is desperate about their fate. The man also claims that he cannot obey the orders of the UK courts since they conflict with the orders of the Nigerian courts.

"Passing the baton" for judicial discipline in Seychelles
"Passing the baton" for judicial discipline in Seychelles

JUST weeks after a top level judicial delegation visited Seychelles and offered help in resolving the conflict gripping the islands’ judiciary, there comes a significant new development: the constitutional court of Seychelles has dismissed the latest appeal of the suspended judge who is at the heart of the ongoing, tense situation.

Ugandan judge slashes “ridiculously” high legal costs in public interest case

AS African jurisdictions embrace powerful, forward-looking constitutions and the possibility of litigation to protect rights, one question will inevitably arise: how should a court manage the question of legal costs in such litigation? An important new decision from the constitutional court of Uganda lays down clear guidelines. Carmel Rickard writes that the dispute over legal costs in this case followed a high-profile challenge to parliament’s decision that corruption allegations against leading members of government should be investigated.

Court gives community right to fish without permit

Can a local community governed by a system of customary law fish in a marine protected area without a permit? In a landmark decision , the Supreme Court of Appeal (SCA) has said it can. The decision is a victory for people living in the Dwesa-Cwebe Nature Reserve in the Eastern Cape who rely on fishing.

Justice for ex-corporal more than three decades later

IN one of the most unusual decisions yet to come out of Kenya’s constitutional court division, Judge Chacha Mwita has upheld a claim by a former member of that country’s defence force, that he was unlawfully detained for over four years until 1986. The court found it could consider the case, even though the events took place so long ago, and has awarded damages of almost R900 000, plus costs and interest.

ZIMBABWEAN IMMIGRANT BRINGS ABOUT LEGAL CHANGE IN THE UK

AFRICANS abroad sometimes make legal headlines – and even new law – while they are away from home. Carmel Rickard writes about a Zimbabwean in the UK whose landmark cases shows that judges may have to remind officials that the law is about nothing if not the truth.

‘Cautionary rule’ victory for sexual assault victims

A dissenting judgment discusses the law on corroboration’ in sexual assault cases in Uganda.  The result is a landmark ruling for girls and women considering whether to lay charges against their attackers in cases of sexual assault. And it’s also crucial in the development of a jurisprudence that no longer discriminates against women. None of her colleagues objected to her separate judgment: clearly, they found it legally sound. But you have to wonder why they did not regard her contribution as an essential element of the main judgment – and what the impact would have been if all five members had signed it.

Kenya's new cybercrime law opens the door to privacy violations, censorship

A new act is trying to lock down cyber crime in Kenya.

Victory for asylum seekers in Constitutional Court

The Constitutional Court has ruled that asylum seekers’ temporary permits must automatically be extended while their case is being reviewed.

Summary of the key decisions and declarations of the 31st African Union Summit

Following the conclusion of the 31st AU Summit held in Nouakchott, Mauritania from the 25th of June to 2nd July 2018, the key activities, decisions and declarations of the Summit are provided below.

Lesotho: Authorities must ensure the Independence of the Judiciary and Reopen the Court of Appeal
How the free movement of people could benefit Africa

Africa’s Free Movement Protocol will open up the continent for easy travel and big business. (Photo: Shutterstock)

Insights into commercial contracting from South Africa’s informal sector

What happens when African societal norms meet modern commercial practice? From boardrooms in Sandton to the cultural mash-up and the  “popular economy”  of a South African township, African business people of different ethnicities and world views are contracting on a daily basis. Is there anything peculiarly “African” about this process, or are all business people the conventional profit-maximising individuals of  free market economic theory ? The answer here informs the related policy question as to whether South Africa needs to develop a dedicated indigenous law of contract.

Namibia: Bending a little bit backwards

LAY litigant Ronald Somaeb was in over his head when he attacked the right of any Namibian judge to hear the case in which he was suing the chief justice: all judges would be thinking “about (their) boss, the chief justice” and would be biased in favour of the CJ, he said. Somaeb's efforts came to nothing, however, and his case has been dismissed as vexatious and frivolous.

African Judges Presiding over African Presidents

WHEN SA high court judge Themba Sishi entered the historic court room in the east coast city of Durban to preside in the corruption case of former president Jacob Zuma, he became one of a select few judges required to try an African president.

Ugandan Judge Sues Attorney-General

IN the struggle to ensure judicial independence judges sometimes have to take extraordinary steps. Over the last six months however none can have been more unusual than the litigation by Ugandan high court judge Joseph Murangira, which saw the judge suing Uganda’s attorney-general.

Court rejects international arrest warrants in African trafficking case

VULNERABLE girls and young women trafficked from Nigeria, South Africa, Senegal, Sierra Leone and Ghana will have to wait even longer before they know whether they will ever get justice. The couple accused of trafficking them, referred to only as M and B, because they have children who may not be identified, are the subject of extradition attempts. An Italian court in Naples has asked the UK courts to respond to two European arrest warrants (EAWs) and extradite M and B, now in the UK. That extradition was approved in 2016 but the UK judge dealing with an appeal in the matter said there were serious problems about the information provided as part of the arrest warrants: “a wholesale failure to provide the necessary particulars”

Worrying failure of Kenyan government to heed court orders

EXPLOSIVE tension between two rival political leaders in Kenya may have been eased by last week’s unexpected meeting between them but there’s another, growing, tension of major concern: that between government and the judiciary in Kenya.

Bring back the SADC Tribunal, says judge

ONE of the strong calls to emerge from this year’s SADC-Lawyers Association conference in Maputo, Mozambique, was for the “old” SADC Tribunal to be reinstated. The tribunal was scrapped at the instigation of Zimbabwe’s former president, Robert Mugabe, and SADC leaders then negotiated another tribunal that would deal only with disputes between member states, and not between individuals and states as in the past. Among those who expressed support for the “old” tribunal to return was SA judge, Thoba Poyo Dlwati, a former president of SADC-LA, who spoke about the human rights infrastructure of the region.

REFORMING ZAMBIA’S MENTAL HEALTH LAW: THE CASE OF MWEWA AND OTHERS V THE ATTORNEY GENERAL AND ANOTHER
REFORMING ZAMBIA’S MENTAL HEALTH LAW: THE CASE OF MWEWA AND OTHERS V THE ATTORNEY GENERAL AND ANOTHER

Many African countries are currently being governed using laws which were passed during the pre-independence period. Essentially, this means that countries are running using colonial rules and laws. Specifically, many countries have got mental health laws that are archaic. Zambia is not an exception. It has the Mental Disorders Act of 1951.

Judge removed for corruption loses reinstatement appeal

ONE of the most painful periods in Kenya’s judicial history has been re-opened, with an appeal by former judge Tom Mbaluto against his 2008 dismissal from the bench for corruption. As Carmel Rickard explains, the former judge was dismissed after a tribunal sat to hear allegations against him and recommended his removal from office. Dissatisfied with the outcome, however, he has brought two court challenges contesting his removal, the second of which has now been finalized by Kenya’s court of appeal.

Copyright & A2K Issues - 17 September 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 13 September 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 6 September 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za only ( N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 3 September 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za only ( N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

October 2018

Making decisions of the African Court of Human and Peoples’ Rights better known

A SPECIAL training team visited Arusha, Tanzania earlier this month to work with the African Court on Human and Peoples’ Rights on how to make decisions of the court better known. The aim was to formulate a protocol for issuing simplified summaries of judgments so that potential litigants, public interest lawyers and the media will more easily understand the issues and the outcome of cases decided by the court.

Copyright & A2K Issues - 18 October 2018 (Part 2)

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 18 October 2018 (Part 1)

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Best – and worst – Kenya’s courts have it all

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.

Unhelpful assessors throw life-line for murder convict

THE courts in Tanzania still interpret the law to mean that the death penalty is mandatory in the case of murder, but it is decades since last anyone was hanged. As the numbers on death row increase, judges in those courts remain scrupulous in ensuring that all the elements of a fair trial are observed in cases potentially involving capital punishment. Take the case of Hilda Innocent, convicted of murdering her husband. Tanzania’s highest court found certain safety nets had not been put in place during her trial – the assessors, who were appointed to assist the judge in her case, had not participated properly. As a result the trial was nullified and a new trial must now take place. This story was first published in Legalbrief *

Copyright & A2K Issues - 4 October 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

November 2018

Judges draw the line in witchcraft case

WITCHCRAFT is a hot topic in Zambia where the courts seem to deal with such matters more often than in many other countries. In this case the two accused were convicted of murdering an elderly woman, but pleaded their belief in witchcraft as an extenuating circumstance. Though found guilty of murder, their alleged beliefs helped reduce their punishment to a life sentence instead of the death penalty that would otherwise have been mandatory. The two then appealed against sentence only, on the basis that it was “manifestly excessive” to imprison them to life since they were first offenders. Hearing this case, Zambia’s supreme court took the opportunity to restate its views on when a belief in witchcraft would amount to extenuating circumstances. Given the number of such cases, this is a timely reminder – though the results of their deliberation would have come as a shock to the two accused.

Copyright & A2K Issues - 27 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only ( N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 23 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 20 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 13 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 8 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 7 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

The Complexity of Land Expropriation

TO an outsider, the case might at first sight seem no more than a relatively simple dispute over ownership of the land on which a shopping mall is being built. But the case of Stantoll v Johannes involves far more complex issues than that. It is also about the difficulties surrounding state expropriation of land and subsequent expectations of compensation, at a time when this is a hot issue in many African countries. In fact, the case has caused something of a headache for the presiding judge, as well as for the judiciary in Namibia. As Carmel Rickard explains, the presiding judge has become the focus of protests by land-rights groups with allegations that he is a “foreign land-monger”, and, apparently to deflate growing tension, the Judge President has taken over the disputed case as well as a second case that is just as contentious.

Copyright & A2K Issues - 1 November 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

December 2018

Copyright & A2K Issues - 11 December 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)      N.B. THIS NEWSLETTER WILL NOT BE DISTRIBUTED FROM 12 JANUARY 2018 UNTIL MID-JANUARY 2019.  WISHING YOU A VERY HAPPY AND BLESSED CHRISTMAS AND A HAPPY NEW YEAR.  FOR THOSE WHO CELEBRATE OTHER FESTIVALS OR HOLY DAYS, ALL THE BEST TO YOU TOO.

Copyright & A2K Issues - 7 December 2018

This is a free online international Information Service covering various topics, including copyright, plagiarism and other IP matters, Open Access, open publishing, open learning resources, institutional repositories, scholarly communication, digitization and library matters, mobile technologies, issues affecting access to knowledge (A2K), particularly in developing countries; WTO and WIPO treaties and matters; Free Trade Agreements and TRIPS Plus; useful websites, conference alerts, etc.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)