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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.

A women’s month win in Kenya – court finds ban on female genital mutilation constitutional
A women’s month win in Kenya – court finds ban on female genital mutilation constitutional

Since 2011 female genital mutilation has been illegal in Kenya – though too late for the 21 percent of girls and women in that country, aged between 15 and 49, estimated to have undergone the practice already. Though the ban was widely welcomed, and was introduced to the National Assembly as the brainchild of the cross-party Kenya Women’s Parliamentary Association, it has not been accepted by everyone. In fact, some traditionalists feel so strongly about it that they have gone to court with a claim that the law banning FGM is unconstitutional. Fortunately, in a judgment delivered this week, the high court has ruled that the law is valid – and has suggested that it should be further amended to close a gap that made proper enforcement difficult.

Uganda's Internet closure during elections challenged at East African Court of Justice
Uganda's Internet closure during elections challenged at East African Court of Justice

Uganda’s government, which closed down social media and Internet access during the country’s January 2021 elections, is far from the only state to take such action over the time of national polls. In fact, research indicates that Senegal recently became the 63 rd  country to restrict social media access since 2015. But in the case of Uganda, the East Africa Law Society has decided to take action, launching a challenge in the East African Court of Justice.

Supreme Court judge's sensational claims against Chief Justice
Supreme Court judge's sensational claims against Chief Justice

What was meant to be the end of a high-profile political case intended to challenge the outcome of Uganda’s national elections earlier this year turned into something even more astonishing late this week: a senior member of the country’s Supreme Court claimed that Chief Justice Alfonse Owiny-Dollo had tried to gag her and stop her reading her minority decision in the matter until he had vetted her ruling. Justice Esther Kisakye went on to say that the CJ had used ‘barbaric methods’ in dealing with the matter and that he had given her unconstitutional orders that she felt she could not obey.

Covid-19 a further set back to fight against child marriage
Covid-19 a further set back to fight against child marriage

Two major new reports have been released by the United Nations, both timed for international women’s month, and both pointing to the dire situation of many young woman around the world.

Dangers of policing Malawi's 'green', off-season fishing ban
Dangers of policing Malawi's 'green', off-season fishing ban

At the heart of this unusual decision by Malawi’s senior magistrates’ court lies a dramatic account of the dangers involved in trying to protect the fragile ecosystem of the country’s fish-rich Lake Chilwa. Apart from ecological concerns the court also speaks with some anxiety about the way police put their members in unnecessary danger by sending them to deal with well-armed, illegal fishing people while hopelessly outnumbered. They were provided with just a paddle boat – against the engine-powered boats used by the fishermen – and were not adequately armed. The police also failed to send reinforcements, even when their members sent desperate pleas for help.

‘Run for your lives’, judge urges partners in abusive relationships
‘Run for your lives’, judge urges partners in abusive relationships

In a most unusual judgment from Kenya, one that fits perfectly with March marking international women’s month, a judge has found that a woman who killed her husband acted in self-defence after years of violent abuse at his hands. The judge sentenced the woman to prison until the rising of the court and ordered that she should receive counselling to help her recover from the trauma of the long-term abuse inflicted by her husband. Judge Roselyn Aburili also urged members of the public suffering in abusive relationships to leave and ‘find an escape route to safety’.

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Is 'sting' of saluting former subordinates sufficient punishment, high court asked
Is 'sting' of saluting former subordinates sufficient punishment, high court asked

When a formerly high-ranking Namibian prison official won a high court battle over his salary it was a wake-up call for governments keen to ensure that corruption and other crime is properly punished within the ranks of the civil service. The message is: check your legislation because it might not be as water-tight as you thought. In this case, the assistant commissioner of correctional services pleaded guilty to the theft of a mobile phone at a disciplinary inquiry and was demoted to the rank of senior superintendent as a punishment. When he was informed later that his salary would be reduced to that of senior superintendent, Kahimise challenged the decision. The high court has now found in his favour, saying the law as its stands did not provide for a reduction in salary in such a case and that the demotion in rank – and having to salute officers who previously had to salute him – was punishment enough.

Judicial disciplinary body tells Chief Justice to retract, apologise for pro-Israel comments critical of government policy
Judicial disciplinary body tells Chief Justice to retract, apologise for pro-Israel comments critical of government policy

South Africa’s Chief Justice Mogoeng Mogoeng has been told to issue an apology and a retraction for a series of highly controversial comments he made in the middle of last year, criticising Pretoria’s policy on Israel. The decision plus the ‘remedial steps’ of apology and retraction were issued this week by the Judicial Conduct Committee of SA’s Judicial Service Commission. After a mid-2020 interview and subsequent comments defending the views he expressed, several official complaints were made to the JSC. Judge Phineas Mojapelo, newly-retired deputy judge president of the South Gauteng high court, Johannesburg, wrote the decision on behalf of the JCC.