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Benin taken to task by African Court for Charter failures – not even constitutional court escapes censure
Benin taken to task by African Court for Charter failures – not even constitutional court escapes censure

Seldom does Africa’s premier regional court find that laws or practices relating to a state’s court violate rights enshrined in the African Charter. But in a new decision, delivered by the African Court on Human and Peoples’ Rights, the judges declared that Benin violated its obligation to guarantee the independence of the country’s constitutional court. The judges were equally clear that recent changes to the constitution should have involved far more consultation with the people. Among other decisions they declared that the state of Benin had violated the Charter right to information, as well as the right to economic, social and cultural development.

Diplomatic immunity defence in Kenya's maintenance case
Diplomatic immunity defence in Kenya's maintenance case

The tragic story of young Harry Dunn, knocked over and killed last year allegedly by the wife of a member of the US diplomatic corps in the UK, was a reminder of the conundrums that can sometimes be caused by diplomatic immunity. She left the UK after the accident and the US government has refused her return, citing immunity. Now a poignant new case is being decided in Kenya, a case that raises just as complex a conflict between rights and immunity. It concerns a senior diplomat from Sierra Leone, stationed in Kenya. A woman, claiming to be a former girlfriend of his, has gone to court asking that he be ordered to pay maintenance for a child born of their relationship. But despite the court’s order he has refused to do so, citing the Vienna Convention to justify his inaction. As the case winds its way through many hearings, the sum he owes in maintenance is mounting steeply. And the high court is unimpressed.

Even refugees have a right to be heard on voting issues – high court
Even refugees have a right to be heard on voting issues – high court

Key organisations working with Kenya’s vast refugee community want them to elect leaders based on where they live now, rather than where they came from. They say this will reduce ethnic tension and will fall in line with the general approach to elections in Kenya. To implement these changes, the country’s refugee affairs secretariat and the United Nations refugee agency have been working on new guidelines for how refugee community leaders will be chosen. But it turns out that these guidelines were not discussed beforehand with the affected communities. Enter one of Kenya’s most prominent human rights activists, on a mission to ensure justice is done – and that the voices of the most vulnerable communities in the country are heard.

'Help us', Tanzania's opposition urges African Court
'Help us', Tanzania's opposition urges African Court

Elections in Tanzania at the end of October passed with little comment from outside that country. And since the declaration of John Magufuli as president, Tanzanian politics have been relegated to a non-issue in most other parts of the world. But not for long: disputed aspects of the polls are about to be ventilated in court even though legal challenges to aspects of the election are not allowed in Tanzania’s own courts. Activists have taken their dispute over the way the elections were conducted to the African Court on Human and Peoples’ Rights. It promises to be a landmark case: given the inability of people inside Tanzania to bring a meaningful test of the polls’ validity, the African court could prove an alternative forum - and one drawing an international audience; further, in a politically poignant development, this will also be the last case from Tanzania that the court will hear.

‘Unprecedented levels of political interference with courts’ – Chief Justice
‘Unprecedented levels of political interference with courts’ – Chief Justice

The leader of the judiciary in England and Wales has reacted sharply to continuing attempts by politicians to interfere with the judiciary, judicial appointments and judicial decisions. In fact, he has even suggested that politicians should be taught about the boundaries that should exist between parliament and the judiciary and that a short course could be drawn up for new members, to explain these ‘boundaries’ and why they should be observed.

Remembering the first woman to argue before the US Supreme Court
Remembering the first woman to argue before the US Supreme Court

The first woman to argue a matter before the US Supreme Court, Belva Lockwood, was also directly responsible for ensuring that the first black lawyer was able to argue in the Supreme Court some time later. Belva Lockwood's landmark first case, Kaiser v Strickney, was argued 140 years ago this week.

Copyright & A2K Issues - 1 December 2020

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 wish to unsubscribe, please email  Denise.Nicholson@wits.ac.za .   Please note :  This information service will be closing down on  Friday 11 December 2020 , but you will still be able to access the Archives at:  https://africanlii.org/content/copyright-and-a2k-issues

Former President, Judge, both ordered to pay legal costs from their own pockets
Former President, Judge, both ordered to pay legal costs from their own pockets

In a further stunning reversal for Malawi’s former President, Peter Mutharika, he and a former high court judge, Lloyd Muhara, have been ordered personally to pay the legal costs of a case brought to reverse a major decision taken by them just before the elections at which Mutharika was voted out of office. By that decision they hoped to force the Chief Justice to go on leave, pending retirement, in retaliation for a judicial decision finding that the May 2019 elections were invalid. Muhara, who had moved from the bench to government offices as a secretary to cabinet, wrote official letters on behalf of government, announcing the decision about the CJ, a decision the courts have since found to have been unconstitutional and made in bad faith.

Release police review report, urge more than 20 South African civil society organisations
Release police review report, urge more than 20 South African civil society organisations

Dozens of civil society organisations have urged the government to release a report into South Africa's police methods, conducted by a panel of experts set up in the wake of the 2012 Marikana massacre - when police fired into groups of striking miners, killing 34 and leaving more than 70 injured. The report closely examined police methods and related issues and could have played an important role in relation to a pending Bill related to the police. But though it was to have been released this week, it has now been indefinitely blanketed, prompting urgent calls for the secrecy to be lifted.

Lesotho amnesty deal unconstitutional – apex court
Lesotho amnesty deal unconstitutional – apex court

Relatives of people murdered allegedly on the orders of prominent politicians in Lesotho have gone to court to challenge a new agreement brokered by the Southern African Development Community (SADC). Under this agreement, all parties have been urged to join talks on the way forward for the country, and those now in exile out of fear of being charged with murder and other crimes, have been assured no action would be taken against them if they returned for the talks. Bereaved relatives, however, told the court this was an unlawful step, and that the grant of immunity undermined the powers of the prosecuting authorities. Argument on this crucial issue has been heard over a number of days by Lesotho’s constitutional court, and the three judges who presided have now given their decision.