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Bail for death row prisoner after long appeal delay
Bail for death row prisoner after long appeal delay

Normally a reader might have little sympathy for someone convicted of murder who is serving time in prison. But the case of Malawian Charles Khoviwa is rather different. Sitting on death row for many years, Khoviwa has been trying to have sentence in his case reconsidered, now that the courts have decided that the mandatory death penalty, in force at the time of his conviction, is unconstitutional. His appeal, asking for a re-sentencing hearing, was argued nearly three years ago before a full bench of the Supreme Court – and still judgment has not been delivered. Now a single judge of that court has decided to grant him bail, saying it was not the fault of Khoviwa that ‘the judgment he awaits has been pending for so long’. After serving 18 years in prison, Khoviwa may now wait at home for the decision on whether he will be granted a re-hearing on sentence.

‘Unstable arithmetic’ indicates corrupt deal – judge
‘Unstable arithmetic’ indicates corrupt deal – judge

When a Tanzanian court clerk appealed against his conviction and sentence for corruptly demanding payments from a would-be litigant at court, he did not realise that his faulty sums would help confirm his guilt. What Judge Amour Khamis would later describe as ‘unstable arithmetic’ convinced the court that there was no truth in the explanation given for the payments and that conviction and sentence should be confirmed.

Senior African judge wins second term on top world court
Senior African judge wins second term on top world court

Justice Julia Sebutinde of Uganda is set for a second term on the UN’s International Court of Justice, one of a 15-member bench drawn from jurists round the world. She had faced competition for the slot from contenders put up by Nigeria, Croatia and, because of tensions between the two countries, from Rwanda as well. Justice Sebutinde has extensive international and African experience. She is regarded as probably Africa's most senior woman judge, and her re-appointment last week was widely expected.

Copyright & A2K Issues - 14 November 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

SADC unlawfully terminated Malawi judge's contract - Tribunal
SADC unlawfully terminated Malawi judge's contract - Tribunal

After the disappointing, politically expedient demise of the Southern African Development Community Tribunal, a new decision by its replacement Southern African Development Community Administrative Tribunal (Sadcat) shows how a top staffer of the defunct body was leaned on by SADC to make him go quietly. But SADC reckoned without the determination of Judge Charles Mkandawire, someone who has shown his mettle in contentious cases heard in his home of Malawi.

Seychelles: new Chief Justice announced, sworn in
Seychelles: new Chief Justice announced, sworn in

Supreme Court judge, Ronny Govinden, has been appointed as Chief Justice of Seychelles and was sworn in on November 9.

Constitution 'is the boss', Lesotho judge tells police
Constitution 'is the boss', Lesotho judge tells police

Respect for individual rights and the Rule of Law is collapsing in several states in this region – Zimbabwe being a prime example. So it is a welcome relief to find a decision by a high court judge that is dedicated to the preservation and protection of constitutional values. The judge concerned, Sakoane Sakoane of Lesotho’s high court, had some powerful words of warning for the police after finding that they had attacked and assaulted a man for no acceptable reason. The judge said the police had behaved ‘like terrorists in uniform’ and that the courts would no longer merely send ‘warnings’ to the police about respecting people’s constitutional rights. From now on, police should expect only ‘uncompromising judicial eradication of the pernicious culture of police brutality,’ Judge Sakoane said.

Freedom of speech supports good governance says President of Sierra Leone
Freedom of speech supports good governance says President of Sierra Leone

Things are looking up for the media in Sierra Leone. For decades journalists have been harassed by a colonial-era law that created the offence of criminal libel. And as recently as four months ago this section was used against a journalist and publisher who spent 50 days in detention before being freed on bail. Then, last week, the country’s President, Julius Maada Bio, signed the death certificate of the section used against the media, a step already begun in July when some members of parliament repealed this part of the law. At this official event, President Bio also announced that the government was determined to allow the development of a free and robust media.

A LIFE LIVED TO UPHOLD THE PROMISSORY NOTE CALLED THE CONSTITUTION
A LIFE LIVED TO UPHOLD THE PROMISSORY NOTE CALLED THE CONSTITUTION

This tribute records and celebrates the extraordinary life of a US Supreme Court Justice I held in high regard, and who, as law reports will show, has contributed immensely to a better world for all.

More than 20 Kenyan laws nullified after National Assembly disregards Senate
More than 20 Kenyan laws nullified after National Assembly disregards Senate

As the still-unresolved fight over the number of women in Parliament shows, Kenya’s constitution is very much a work in progress, with continuing disputes over what its text means exactly and how seriously to take clauses that some parties dismiss as merely ‘aspirational’. The latest case to be decided by the courts on gaps or possible ambiguities in the constitution concerns the very serious question of how the Senate and the National Assembly must relate to one another. In this case, in an almost unheard of development, the Senate and its top officials sued the Speaker of the National Assembly, as well as the National Assembly itself. Now three judges have produced a constitutional judgment finding that the Senate was right: in many cases the National Assembly ought to have worked with the Senate to pass legislation. The fact that the Senate was left out of the process means that no fewer than 23 laws, passed by the National Assembly, are unconstitutional and thus null and void.