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New head of judiciary for Uganda
New head of judiciary for Uganda

Following the retirement of Uganda’s chief justice, Bart Katureebe, the country’s judiciary has a new leadership team. The new Chief Justice and Deputy Chief Justice were announced by Uganda's President Yoweri Museveni. His official decision came as no surprise as the names had been openly known and discussed for some time before the official announcement.

Shock judgment bars Zimbabwe human rights lawyer from crucial human rights case
Shock judgment bars Zimbabwe human rights lawyer from crucial human rights case

The legal world was stunned this week by the news that Harare magistrate, N Nduna, had ruled that a lawyer appearing in a case before him was ‘disqualified’ from continuing to act in the matter. Whatever the case, this would have caused concern because of the drastic nature of the step. But this is not just any case. The accused person is an award-winning investigative journalist, Hopewell Chin’ono, who had been researching government corruption questions before his arrest. And his lead counsel is internationally-acclaimed human rights lawyer, Beatrice Mtetwa. The state’s determined prosecution of Chin’ono, refusing him bail, not allowing him to consult with his lawyer in private and insisting that he appear in court in leg irons, all indicate that he is being made an example of, to frighten off other critics. The case comes amid growing community opposition to the government in Zimbabwe. Nduna's judgment will inevitably be criticised as reflecting the court’s failure to respect the Rule of Law. And questions will be asked about whether it is the magistrate, rather than the lawyer, who has become so identified with a cause as to lose ‘impartiality and detachment’.

Some justice at last for girls, women, raped by police in Malawi
Some justice at last for girls, women, raped by police in Malawi

It was a major scandal at the time, but nothing had been done about it until now. Last October, a number of police raped and sexually abused at least 18 girls and women outside Lilongwe, Malawi. The attacks by police were in apparent retaliation for a political protest that had led to one police officer being killed. Since then there was complete inaction by the police, with neither investigation nor arrest. Now, however, Judge Kenyatta Nyirenda has put the police on notice. He has issued a number of declaratory orders spelling out the rights of the girls and women attacked by the police. Finding that compensation was appropriate in this case, flowing from ‘the state’s responsibility to remedy human rights violations’, he further ordered that the registrar must ‘deal with’ and assess the amount of compensation to be paid, within 21 days. It is, however, far from the only such case in Malawi, with other similar occurrences over the past year involving police and/or soldiers.

Two Ugandan judges, two attorneys, sanctioned by US state department over bribery, corruption & adoption scam
Two Ugandan judges, two attorneys, sanctioned by US state department over bribery, corruption & adoption scam

Two Ugandan judges and two attorneys have been named and sanctioned by the US State Department for their role in bribery and corruption related to an adoption scam. One of the two judges retired last year; the other is a sitting judge. A statement on behalf of the judiciary said that there had been awareness of these allegations for some time and that they were being investigated. However, there seems to be little doubt in the legal profession that the investigations will show the judges and the attorneys were involved as the US authorities claim.

Judge Key Dingake in new top post
Judge Key Dingake in new top post

A long-standing member of faculty of the Judicial Institute for Africa, Justice Key Dingake, has been sworn in as a member of the Seychelles Court of Appeal.

Support grows for Zimbabwe protesters

A number of legal and human rights organisations have expressed support for the people of Zimbabwe and for lawyers who are struggling on behalf of clients arrested by the government of Emmerson Mnangagwa. The past few weeks have been marked by violent attacks on protesters by members of the Zimbabwe police, by the arrest of journalists on trumped up charges and their detention after the courts refused bail, and by growing international concern at the stance taken by Manangagwa and his government, now widely regarded as ‘probably worse than (former President) Robert Mugabe’ whose regime became an international by-word for corruption, intolerance of dissent and the violent abuse of political opponents.

Copyright & A2K Issues - 14 August 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.  Archives are available at:  http://www.africanlii.org/content/copyright-a2k-information .  If you would like to subscribe to, or unsubscribe from, this newsletter, please do so at:  http://lists.wits.ac.za/mailman/listinfo/copyrightanda2kinfo    or email  Denise.Nicholson@wits.ac.za  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Far-reaching symposium on ‘spectacular recent efforts’ at undermining judicial independence in Africa
Far-reaching symposium on ‘spectacular recent efforts’ at undermining judicial independence in Africa

Potentially far-reaching decisions about strengthening support for judicial independence in Africa were taken at a two-day online symposium held last week. Nine organisations hosted the event, illustrating the kind of joint action in support of judicial independence that participants said was essential. Speakers described judicial independence as ‘the last line of defence for the rule of law, human rights and democracy in East and Southern Africa’. They said it was crucial that legal organisations worked with civil society to protect judicial independence. Recent experiences had also shown the importance of support from organisations, regional and international, that were representative of judges and Chief Justices.

Court stalls moves by Kenya's President putting judiciary under executive control
Court stalls moves by Kenya's President putting judiciary under executive control

The Law Society of Kenya has succeeded in putting at least a temporary brake on the government’s plan to transfer the judiciary and a number of independent bodies to the direct control of the executive. In May President Uhuru Kenyatta signed Executive Order No 1/2020, making these changes, and the law society responded by filing a petition shortly afterwards. Last week the high court’s constitutional and human rights division considered that petition and granted an interim order in terms of which the executive order is put on hold, pending full argument of the case. Judge James Makau said this was a suitable case for the court to intervene against ‘the excesses of the Executive’ which was using administrative processes to extend its powers.

Parents dispute paying private school fees during lockdown
Parents dispute paying private school fees during lockdown

Parents of children at a private school in Kenya have won an interim high court order in what promises to be a significant constitutional dispute related to Covid-19. The parents say they should not have to pay full fees for the third term of the 2020 school year and that the school may only charge for the services offered, namely for ‘virtual class or digital calls’. For its part, the Sabis International School, Runda, objected to the legal action brought against it by parents of children attending the school on the grounds that the parents had signed a contract with the school that was ‘private’, and that the court ought thus ‘not to intervene in these private matters’. Last month Kenya’s education secretary George Magoha said that the rest of the 2020 school year ‘will be considered lost’ because of the pandemic and that schools would only re-open in January 2021. Those due to write final exams would sit them next year.