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World Mental Health Day highlights shackling, inadequate court response
World Mental Health Day highlights shackling, inadequate court response

Just as Human Rights Watch issued its horrific report on the shackling of people with mental illness in many countries around the world, so an equally horrific case has emerged in Namibia. The report and the case show that there is a great deal still to be done to sensitise ordinary members of communities round the world – and, sadly, this includes magistrates, whom one might expect to know better – about how to respond to mental illness and what the law and the constitution require in such cases. Judges of Namibia’s high court recently picked up on review that there had been a problem with the trial of a woman recognised as mentally ill by her community, but by the time the magistrate responded to their questions almost a year down the line, it was too late: though the judges set aside her conviction days before World Mental Health Day, she had already served the sentence in full.

Don't view sexual offences only through traditional male perspective - Chief Justice
Don't view sexual offences only through traditional male perspective - Chief Justice

In one of her last decisions before ending a five-year contract as head of the judiciary in Seychelles, Chief Justice Mathilda Twomey came out strongly on the need for the country’s penal code to be modernised in relation to its definition of consent in sexual offences. The CJ said that at present it only defined ‘absence of consent’, and that it was time ‘to look beyond the traditional male perspective as the prism through which sexual offences must necessarily be viewed.’

Will Acting Chief Justice swear in winner of Seychelles presidential election?
Will Acting Chief Justice swear in winner of Seychelles presidential election?

The five-year contract of Chief Justice Mathilda Twomey came to an end earlier this month, and a new judicial leader for Seychelles must now be appointed. That is the responsibility of the Constitutional Appointments Authority of Seychelles. In the meantime, however, an Acting Chief Justice has been named: Justice Melchior Vidot.

Court dismisses bid to remove 'dirty money' report
Court dismisses bid to remove 'dirty money' report

As concern grows about enormous amounts of money unlawfully leaving Africa, two new reports and a significant court case highlight the growing problem. A new report by the UN Conference on Trade and Development, UNCTAD, 'Economic Development in Africa 2020', estimates that if illicit capital flight from Africa were stopped, it could virtually halve the financing gap of $200b that the continent faces if it is to achieve its Sustainable Development Goals. And while experts are unanimous that illicit financial flow must be stopped, another report gives a concrete example of what seems to have been going wrong. Entitled, 'The Golden Laundromat; the conflict gold trade from Eastern Congo to the United States and Europe', it is a report of an investigation into 'the dirty money connected to African war criminals and transnational war profiteers'. In particular, the report points to the Uganda-based African Gold Refinery (AGR), saying it has been refining gold from conflict areas of the eastern Democratic Republic of Congo, which is then exported through a series of companies to Europe and the United States. AGR is challenging the report in court in Uganda, claiming it is defamatory. Pending a full hearing, however, AGR asked the court for an interim order that the report has to be removed from the website. As readers will quickly see, however, there was no chance that the court would agree to silence the Laundromat: the two brothers running AGR were recently convicted in a court in Antwerp of both money-laundering and fraud.

Article 8363
Article 8363

Bail for arrested government critics and others is becoming an increasingly common legal issue in countries of the Southern African Development Community. But a new decision from Kenya’s high court, written by Judge Joel Ngugi, is a model of how the problem should be approached. He was faced with a magistrate’s decision to approve the continuing detention of government critic Oscar Sudi, against whom no charges, not even so-called ‘holding charges’, had yet been formulated. The magistrate accepted the police argument that continuing his detention would allow the authorities to investigate and formulate exactly what charges they wanted to bring against Sudi. But in his reconsideration of the magistrate’s ruling, Ngugi delved into the Constitution and concluded that there was no way that Sudi’s continued detention was constitutional. Instead, he granted bail, but stipulated conditions that would allow the police to continue their investigation unhindered. The decision is one that should interest judges elsewhere in the region; many other courts could profit from the Ngugi approach, namely to uphold the constitution and protect the rights of the individual while allowing investigations to proceed.

High court judge finds 'no place' for sexual offences corroboration rule in Malawi
High court judge finds 'no place' for sexual offences corroboration rule in Malawi

Many women and men have long felt uncomfortable with the corroboration requirement attached to trials of sexual offences. This requirement, whether a matter of law or practice, appears increasingly unjustifiable, unconstitutional even. It is inevitably, and almost exclusively, directed against women who are the overwhelming targets of sex crimes. Malawi now appears to have joined the list of jurisdictions where the corroboration rule will be regarded with suspicion and discarded. The latest decision is by Judge Fiona Mwale, but it builds on an earlier judgment by another judge from Malawi, Maclean Kamwambe, as well as legal and academic critiques of the corroboration rule. Perhaps, with two clear decisions against the corroboration requirement, other Malawian courts will adopt this approach as well, without having to wait for the supreme court of appeal to speak?

Twomey steps down as Seychelles CJ but continues on Court of Appeal – and joins us at Jifa!
Twomey steps down as Seychelles CJ but continues on Court of Appeal – and joins us at Jifa!

No-one could ever call Justice Mathilda Twomey of Seychelles a ‘usual’ kind of person. She has spent the last five years as the highly-successful Chief Justice of Seychelles and a member of the country’s apex Court of Appeal. But she had only accepted the post on condition that she would stand down as CJ at the end of five years. Now she has reached the end of that contract period, and is about to start a new phase in her life, one that could greatly benefit a wider community than just Seychelles.

The Revised Rules of the African Court 2020: towards a more effective African Court
The Revised Rules of the African Court 2020: towards a more effective African Court

The African Court on Human and Peoples’ Rights is not a body that goes in for rapid or unnecessary change. So, when a revised set of rules is announced, everyone interested in the court and its work should take note. This week we’ve asked human rights expert Usani Odum, who is working at the court on secondment from the University of Pretoria’s Centre for Human Rights, for his take on the changes. Here he outlines the new provisions and their likely impact. He also congratulates the court on adapting so well to the challenges of Covid-19 by, for example, switching to on-line sessions.

Kenya's apex court confirms 'novel' rights of victim's counsel
Kenya's apex court confirms 'novel' rights of victim's counsel

A man accused of murdering a student has helped make new law. That's because of the significant judgment issued by Kenya's Supreme Court after he tried to stop counsel for the deceased student becoming involved in the trial. Joseph Waswa, charged with killing Mitch Kibiti Barasa, said that his fair trial rights were infringed when the trial court allowed counsel for Barasa to play a role in the matter. But the Supreme Court has now put him right. The country's highest court has ruled that the Victim Protection Act, the constitution and international law all support the right of victims to be represented by counsel in court - and that counsel may even be allowed to ask questions of the witnesses.

Controversial Ugandan retired military officer loses court bid to prevent arrest during election run-up
Controversial Ugandan retired military officer loses court bid to prevent arrest during election run-up

An increasingly contentious figure in Uganda, retired military general Henry Tumukunde, has just tried – and failed – to invoke judicial help against persistent police action targeted at him. Tumukunde, a once close ally of Uganda’s President Yoweri Museveni, plans to contest the presidential position in next year’s elections. But during the run-up to the elections, he has become a person of considerable interest to the police and the army, and he has been arrested several times. His latest court action was for a temporary interdict to prevent the police from arresting him and violating his constitutional rights.