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UK hold on Chagos archipelago declared unlawful

Most inland countries would ignore decisions of the world’s maritime court, the International Tribune for the Law of the Sea (Itlos). But this decision is different. It sheds important light on one of the few places in the world still regarded by many (including the United Nations) as a colony that should be returned to its original people. This time the ‘colony’ is the Chagos Archipelago – a group of islands and atolls in the Indian Ocean. Mauritius says the islands are a part of its territory. But the UK denies this. Despite a key opinion by the ICC and a crucial resolution by the UN general assembly both saying that the UK was unlawfully in occupation, the UK has held fast to its position – and to the archipelago. Following the Itlos judgment, however, will its hold be quite so secure?

'Global jurist of the year': prestige award goes to Kenya’s Justice Mumbi Ngugi
'Global jurist of the year': prestige award goes to Kenya’s Justice Mumbi Ngugi

One of the most prominent judges in Kenya has been given a major reward in recognition of her work in support of human rights. Judge Mumbi Ngugi, who sits on the anti-corruption and economic crimes division of the high court in Kenya, is also a world advocate for the rights of people with albinism at a time when, in certain parts of the world such as Kenya, people with albinism are targeted and sometimes even killed for ritual purposes. The award to Judge Ngugi is to be made later this month by the Centre for International Human Rights, based at the law school of Northwestern University.

Intl Criminal Court to announce verdict on notorious Lord’s Resistance Army leader
Intl Criminal Court to announce verdict on notorious Lord’s Resistance Army leader

It will be a crucial moment for international justice as well as for justice in Uganda when the International Criminal Court gives its verdict on 4 February 2021 in the case of Dominic Ongwen, a much-feared commander of the Lord’s Resistance Army (LRA). It's so important that Human Rights Watch has prepared a special briefing explaining the background and significance of the case.

Human rights 'upside' of the Trump years
Human rights 'upside' of the Trump years

Human Rights Watch has released its 2021 report on the state of the world in 2020. And though it is upfront about the hostility of former USA president, Donald Trump, to human rights at home and in the rest of the world, the organisation finds some unexpected reasons for optimism arising from this hostility. The report summarises the state of human rights in almost 100 countries across the world in 2020. Among them are a number from Africa starting from Algeria, Angola, Burkina Faso, Burundi and Cameroon, then taking in other countries right across the continent (and the alphabet), and winding up with reports on Uganda and Zimbabwe.

Zim's top court clarifies bequeathed property dispute
Zim's top court clarifies bequeathed property dispute

After a decade of legal uncertainty, the supreme court of Zimbabwe has clarified a contentious problem relating to whether spouses are legally obliged to bequeath their property to each other. The courts have been divided over the issue for some time. Some have taken the view, now upheld by the supreme court, that a spouse, not married in community of property, has testamentary freedom. Others said that a will effectively disinheriting the other spouse was unlawful. Moreover, it had a disproportionate effect on women and would thus be unconstitutional. A judgment written by Chief Justice Luke Malaba and with the unanimous agreement of four of his colleagues, has brought certainty to the question. They found that a will is not invalid merely because the testator bequeaths property to someone other than the surviving spouse. Where there was no will, however, or where the couple were married in community of property, a different law and a different legal regime apply.

Uganda’s security forces wait 24 hours before obeying court order to end opposition leader’s house arrest

Uganda’s high court has encouraged many with its ruling that opposition leader Bobi Wine should be freed from what has effectively been a period of house arrest, during which security forces outside his home refused to let anyone go in or out. Given the atmosphere of tension and fear in the country, there was keen public interest in how the court would handle a matter which so obviously involved crossing the government and acting independently.

Legal row over Kenya's acting Chief Justice
Legal row over Kenya's acting Chief Justice

The appointment of a new Chief Justice for Kenya is turning into the nightmare that court-watchers had predicted – and the process still has a long way to go. Former CJ David Maraga officially stood down last week, having taken his outstanding leave from mid-December 2020. He leaves behind a number of unresolved conflicts between the judiciary on the one hand and the executive and legislature on the other. For example, President Uhuru Kenyatta still refuses the appointment of more than 40 judges selected by the Judicial Service Commission – apparently part of his retribution for the court holding in September 2017 that elections in the previous month were invalid. The latest problem, however, concerns the Deputy Chief Justice, Philomena Mwilu, set to take over as Acting Chief Justice pending the new appointment. However, a legal activist has been making determined efforts to stop her from taking the acting appointment, saying that she is not constitutionally entitled to such a post, and that corruption charges pending against her also disqualify her from serving as ACJ. Now the high court’s constitutional and human rights division has refused to consider this controversial petition. But it has set new deadlines for amendments to be made to the original petition after which the matter could return to court.

Religious freedom the winner in Zim school flag salute dispute
Religious freedom the winner in Zim school flag salute dispute

Attempts to establish a compulsory daily ceremony for schoolchildren to salute the national flag have come unstuck in Zimbabwe. The education authorities intended the ceremony to ‘inculcate patriotism’ and other values, according to the justification their lawyers argued before the constitutional court. But not everyone was impresssed. One parent went to court with a claim that the ceremony was not constitutionally acceptable and saying that his right, and the right of his children, to freedom of religion was infringed by the compulsory requirement of flag-saluting. He argued that the ceremony, which included words directed at ‘Almighty God’, infringed the religious freedom of others as well. Nine judges including the Chief Justice sat as a constitutional court to hear the matter. They have agreed with the father, finding the ceremony unconstitutional because it was made compulsory, and because there was no provision for those who found it in conflict with their religious beliefs. The judges were, however, less forthcoming about why it took nearly four years for them to finalise and deliver the judgment.

International lawyers’ body announces its new president: Zimbabwean Sternford Moyo
International lawyers’ body announces its new president: Zimbabwean Sternford Moyo

The International Bar Association has announced Zimbabwean lawyer, Sternford Moyo, as the new president of the influential organisation. Harare-based Moyo is the chairman and senior partner at Scanlen and Holderness, a firm he joined in 1982 and where his particular specialties are mining, corporate and commercial law. He is the first lawyer from Africa to head the organisation.

Copyright & A2K Issues - 15 December 2020 (FINAL NEWSLETTER)

Please note :  This is the Final newsletter on this website.  You will still be able to access the Archives of this newsletter at: https://africanlii.org/content/copyright-and-a2k-issues    Denise Nicholson retires from the University of the Witwatersrand, Johannesburg on 31 December 2020. She will be consulting in future. Should you wish to contact her, her website from January 2021 will be http://www.scholarly.horizons.com .    Should you wish to receive similar information in a new online newsletter, please email denise.nicholson@scholarlyhorizons.com   with " Yes to new online newsletter" in the subject field.