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Belated vindication for free speech, media, in African Commission decision

Two women journalists, released from prison in Rwanda after serving their full jail terms for writing and publishing articles that ‘endangered national security’, have been vindicated by the African Commission for Human and Peoples’ Rights. In its decision officially published last week, the commission found that Rwanda’s laws on defamation and freedom of expression violated the African Charter and should be amended. The two journalists, Agnes Uwimana-Nkusi and Saidati Mukakibibi, were charged in connection with articles published in 2010. They were originally sentenced to far longer prison terms, but on appeal this was reduced to four and three years respectively. While they were serving their sentences, international organisations helped mount a case before the African Commission, testing whether certain of Rwanda’s laws that impact on the media, including criminal defamation, were compatible with the African Charter. The commission has now officially found these laws violate the charter and have ‘requested’ that Rwanda amend its laws so that they comply with the rights guaranteed in the Charter.

Faced with 'wrongful allegations' of bribery, judge recuses herself
Faced with 'wrongful allegations' of bribery, judge recuses herself

A prominent judge of Malawi’s high court has announced her recusal from a case involving the death of a woman allegedly at the hands of her husband. Judge Fiona Mwale has recused herself from the trial following claims by the family of the dead woman that bribe money had been collected to pay the presiding officer in the matter. She said that there was no truth in the claim, but that she felt she had to quit the trial so that the bribery allegation could be investigated. The trial has now been adjourned so that another judge may be appointed to deal with the case.

Newborn twins born to gay parents, in maze over Namibian citizenship
Newborn twins born to gay parents, in maze over Namibian citizenship

The Namibian high court has ruled that it cannot order the government to issue emergency travel documents for newborn twins to come into the country. The babies were born to a South African surrogate mother. Their fathers, married in South Africa, are a Namibian and a Mexican. The babies have birth certificates, issued by the SA authorities, indicating that the Namibian is the father of the children. However, the Namibian minister of home affairs and immigration is insisting on a DNA test before any official documents will be issued for the twins. This would be to establish whether the Namibian man is the biological father, rather than the Mexican spouse. While the issue is fought in the courts and government offices, the Namibian father, with the two babies, is stuck in SA and cannot legally cross into Namibia with the twins.

Judge stands down, citing 'intensity of insolence' from counsel
Judge stands down, citing 'intensity of insolence' from counsel

The search for Kenya’s new chief justice has reached a crucial point: an intensive fortnight of candidate interviews by the judicial service commission. But the battle over the future of the jurist leading the search, Kenya’s acting chief justice, Philomena Mwilu, is continuing in parallel. Most recently, the high court judge set to hear a petition that Justice Mwilu be removed as acting CJ and deputy CJ among other positions, because of graft allegations against her, has announced he will recuse himself. In his written decision on the question, the high court judge, Patrick Otieno, explained his recusal: given the line taken by Justice Mwilu’s counsel in the matter, he would be seen to have been ‘intimidated’ if he found for one side, or to have been ‘propelled by vengeance’ if he found for the other, he said. The judge further castigated counsel for the DCJ for making ‘preposterous accusations’ against him and for the ‘intensity of insolence’ he experienced from counsel in the case.

Police rape spree: huge compensation awarded by Malawi court
Police rape spree: huge compensation awarded by Malawi court

Thanks to the determined efforts of the women involved, no fewer than three recent decisions in Malawi have dealt with sexual assault, harassment or rape under extremely troubling circumstances. The trio of cases will surely act as a boost to awareness of women’s constitutional rights in Malawi, to add pressure on the police to investigate and on employers to act in cases of workplace sexual harassment.

Malawi's human rights commission recommends compensation for women sexually harassed by country's broadcasting boss

The women of Malawi had barely time to digest a landmark high court judgment ordering a company to pay ‘aggravated damages’ in a workplace sexual harassment matter, when a second, similar, high profile matter hit the news. This time it was a report from the Malawi Human Rights Commission which found the CEO of the country’s broadcasting corporation had sexually harassed women on the staff and recommended tough measures in response.

Dispute over sitting Ugandan judges appointed to head prosecution arm
Dispute over sitting Ugandan judges appointed to head prosecution arm

Is a sitting judge allowed to take a job as head of his or her country’s prosecution services? And if a court finds that it was unconstitutional for the judge to accept the second position, what is the status of the judge’s decisions as a prosecutor? These, and difficult, related questions, have been raised in Uganda, where a series of judges have been appointed to other government jobs, without first resigning from the bench. The initial answers to the questions around the DPP job were decided in a constitutional petition last month: it’s unconstitutional, the court said, and from now on decisions by any judge who takes another government position without first resigning as a judge, will be invalid. Faced with an uproar from the prosecution services, however, the supreme court, the country’s apex forum, is to reconsider the question.

Landmark sexual harassment case in Malawi
Landmark sexual harassment case in Malawi

The women of Malawi have been handed a legal victory that will stand them in good stead when faced with sexual harassment and assault at the workplace. It involves a woman working as a time-keeper for construction company Mota-Engil, who went to court over her experience of sexual harassment. She claimed that because her employers did nothing about her complaints, and thus allowed the situation to continue, Mota-Engil was liable to pay ‘aggravated damages’ to her. During the trial it emerged that the company did not have a proper system in place in terms of which action would be taken immediately that a sexual harassment claim was made.

Judges told not to make traditional rituals a condition of bail in sexual assault cases
Judges told not to make traditional rituals a condition of bail in sexual assault cases

The supreme court of India has slammed judges who impose ‘wholly inappropriate’ bail conditions in cases of sexual violence, like requiring that the accused visit the woman concerned and give her gifts. The court has also ordered that judges, lawyers and prosecutors must undergo gender sensitivity training to stop language and bail conditions that retraumatise victims. The decision, which comes during international women’s month, is likely to be well received by women’s organisations, professional law bodies and the courts in Africa where rulings from India are often quoted with approval.

Majority of Zambia's constitutional court: We are bound by this high court decision
Majority of Zambia's constitutional court: We are bound by this high court decision

When the constitution sets a minimum education level for members of parliament, what should be done about a candidate, accepted for nomination to parliament and ultimately voted in, who turns out not to have satisfied the requirements? Five judges of Zambia’s constitutional court split on this significant question, leaving the MP concerned, Lawrence Nyirenda, safely in his place.