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Colonial era police powers to effect indiscriminate mass arrests in Malawi declared unconstitutional
Colonial era police powers to effect indiscriminate mass arrests in Malawi declared unconstitutional

Police in Malawi, like those in other post-colonial African countries, have long enjoyed wide powers to round up, hold and threaten anyone with prosecution under the guise of crime prevention. Typically, these powers are exercised by way of mass arrests, locally known as ‘sweeping exercises’, targeting people the police regard as vagrants or who seem out of place. Though first enacted under colonial rule, these powers have remained on the statute books even after independence. Human rights activists consider these powers unconstitutional because of their blatant disregard for the rights of those rounded up, but now these ‘sweeping exercises’ have been officially condemned by Malawi’s high court.

Crucial Lesotho court decision nullifies disputed contract that could cripple the mountain kingdom
Crucial Lesotho court decision nullifies disputed contract that could cripple the mountain kingdom

A new decision by Lesotho’s high court could prove key in a developing crisis over a disputed contract, that could bring the mountain kingdom to its knees. A full bench has found that the contract, between Lesotho and Frazer Solar, a German company that provides alternative energy systems and that would have involved Lesotho in finding funding of €100m, was null and void. Lesotho has repudiated the contract, and as a result, Frazer Solar is claiming compensation that could cripple Lesotho. Now, the Lesotho court has found the contract flouted the constitution as well as public procurement provisions and key legislation. It also fingered the minister who had signed the contract, apparently on a frolic of his own, without cabinet authorisation. The decision could help Lesotho fight off claims for compensation by Frazer Solar. These are sizeable claims amounting to a significant part of Lesotho’s annual budget.

Kenya’s independent electoral commission boss faces possible jail over contempt of court
Kenya’s independent electoral commission boss faces possible jail over contempt of court

The head of Kenya’s independent electoral and boundaries commission has been found in contempt of court and will be staring some serious punishment in the face when he appears in court for sentencing. An office technology company brought an application against commission CEO, Marjan Hussein Marjan, asking that he be fined and/or jailed for six months for having ‘deliberately disobeyed’ earlier court orders and a 2016 judgment to pay the company. The judge who heard the company’s application had some tough words for Marjan about heeding court orders.

Death penalty for convicted HIV rapists unconstitutional – Lesotho court
Death penalty for convicted HIV rapists unconstitutional – Lesotho court

A decision by the constitutional division of Lesotho’s high court has found controversial provisions in that country’s sexual offences law, unconstitutional. In particular, the court held that stipulating the death penalty for a convicted rapist, held to have known he was HIV positive at the time of the crime, infringed the constitutional right to freedom from discrimination and to a right to equality before the law.

Being stateless is ‘not merely a state of mind, or a choice’ – judge
Being stateless is ‘not merely a state of mind, or a choice’ – judge

Some readers might wonder how statelessness is viewed by courts in other parts of the world. For them, the recent Canadian case of Davood Helalifar v Minister of Citizenship and Immigration will be an eye-opener. Helalifar’s application for permanent residence was refused by a senior official and so Helalifar approached the federal courts asking for judicial review of that decision. Helalifar, who has had several criminal convictions since arriving in Canada, is originally from Iran. With all that was counting against him, what weight would the federal court put on Helalifar’s statelessness?

When women can’t confer nationality on their children equally with men, problems of statelessness grow – UNHCR
When women can’t confer nationality on their children equally with men, problems of statelessness grow – UNHCR

As the world’s states consider how to reduce the plague of statelessness, nationality laws come increasingly under the microscope. That’s because if a child can only take on the nationality of their father, and the father is unknown or dies or disappears before a child is officially registered as his, then the child could well be doomed to a life without nationality or citizenship. Thus, ensuring that there is equality between women and men when it comes to conferring nationality on children, would help greatly in reducing statelessness around the world. The UN High Commission for Refugees keeps a careful watch on developments towards equality in this important, but often forgotten, area in the struggle to eradicate statelessness. Among its other findings, this year’s report notes that the nationality laws in several African countries do not provide mothers equal rights with fathers to confer their nationality on their children.

Crucial high court statelessness case tests route out of legal limbo
Crucial high court statelessness case tests route out of legal limbo

A young man, stateless and unable to access even the basic rights that go with citizenship, has brought what could be a precedent-setting case in the high court of South Africa. The young man, who knows nothing of his father, and whose mother died when he was very young, wants the court to order that he be granted citizenship of SA, either by birth or through naturalisation. He has also urged the court to order that the relevant government department must establish regulations, as the law clearly says it must, providing a route for people in his position to acquire citizenship.

Strengthening civil registration legislation for the prevention of statelessness
Strengthening civil registration legislation for the prevention of statelessness

States must include safeguards to prevent statelessness in their civil registration laws and align registration procedures with their citizenship laws. Here, birth registration specialist Anette Bayer Forsingdal takes a brief look at the status of civil registration laws in Southern Africa and outlines some regional challenges in ensuring universal birth registration.

Steep damages against Kenyan media house as five advocates win defamation awards
Steep damages against Kenyan media house as five advocates win defamation awards

A Kenyan media company has been punished by a series of high court judgments ordering that it pay what amounts in total to more than US$535 000 in damages for defamation against a group of senior advocates. The awards followed reporting by the company’s titles on the involvement of the lawyers in some high profile cases. The lawyers claimed, among other problems, that the articles were misleading and insinuated that they had obtained briefs improperly. One complaint, heard as a test case, was decided first, in 2020. The judge in that matter held that the advocates had indeed been defamed and should be awarded damages. Now a group of judgments in relation to the other defamed lawyers has been delivered, and the total damages’ payout so far ordered by the courts has shot up to Kshs 64,800,000, plus interest and costs.

Serious court efforts brought to hold public officers, top members of the Zim government administration to account, curb corruption
Serious court efforts brought to hold public officers, top members of the Zim government administration to account, curb corruption

Zimbabwe’s 2013 constitution requires a law to be passed to deal with accountability and transparency among public officers as well as top members of government. But virtually 10 years since the constitution was enacted, there is still no such law. Now, efforts are being made through the courts to ensure that something is, at last, done about this fundamental constitutional requirement.