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Man, criticised by court for not being open about his wealth, leaves divorce empty-handed
Man, criticised by court for not being open about his wealth, leaves divorce empty-handed

A man who walked out of his family home 20 years ago, after having a number of affairs and giving his wife an incurable sexually-transmitted infection, has emerged empty-handed from their divorce. This, after the high court ruled that he had made no contribution to the support of his family since he quit the matrimonial home. The man had demanded half of the house in which his now former wife lived, even though he is a well-to-do international business man. She, on the other hand, has no property to her name apart from the house in which she has been living since their marriage in 1983.

Apex courts in two African countries try to avoid ‘absurd results’ in labour matters
Apex courts in two African countries try to avoid ‘absurd results’ in labour matters

Time limits on filing appeals and reviews can bring litigation to an abrupt end when they are not observed. But what is a court to do if it is not clear when the time limits actually start. The apex courts of two African jurisdictions have found themselves dealing with exactly this question – when do the days of a time limit begin to run? And the question was made even more complicated because the high courts in both countries had produced two contradictory positions from which the apex courts had to choose.

Directors beware! The court declares Dudu Myeni (former SAA Chair) a Delinquent Director

It is a common principle within South African company law that a company is managed by its board of directors (“ Board ”). The Board bears the responsibility for the functioning and management of the company and is ultimately accountable for the performance thereof. However, the Board’s collective responsibility does not exclude the individual responsibility and liability of each of the directors. Where the company performs poorly due to the dishonesty, recklessness or gross negligence of the Board, the individual directors may be held jointly and severally liable for breaching their fiduciary duties as contemplated in the Companies Act, 2008 (“ Companies Act ”), and for those individuals who are directors of State Owned Entities (“ SOEs ”), the Public Finance Management Act, 1999 (“ PFMA ”).

Uganda's Chief Justice Bart Katureebe retires, heads for his 'village'
Uganda's Chief Justice Bart Katureebe retires, heads for his 'village'

One of the most recognisable of Africa's Chief Justices - partly because of his height - Bart Katureebe, has retired on reaching 70, the mandatory age for judges to quit in Uganda. The former Chief Justice had a wide-ranging career before becoming a member of Uganda's Supreme Court, and his legacy includes introducing an electronic case management system for the country.

Namibian President must sign affidavit on exercise of his ‘formidable powers’ – high court
Namibian President must sign affidavit on exercise of his ‘formidable powers’ – high court

A full bench of Namibia’s high court has found certain of the country’s Covid-19 regulations unconstitutional and invalid. These include regulations aimed at preventing employers from dismissing staff or from forcing them to take leave during the pandemic. The decision made clear to the Namibian authorities that, even during an emergency situation like the present, the constitution must be respected. It also stressed that in a case such as this, the President is expected to sign an affidavit on his reasons for regulations: ‘reverence’ for his office cannot be an excuse not to do so.

Judge slams Kenya's 'shameful' treatment of diplomat
Judge slams Kenya's 'shameful' treatment of diplomat

The High Court in Nairobi has strongly criticised the government’s action in deporting from Kenya a diplomat representing Niger. Ali Oumarou, who has been recognised by Kenya as honorary consul for Niger, was summarily deported in August 2019. Oumarou has since challenged his deportation in the Kenyan courts from outside the country. The High Court in Nairobi has now given its judgment on the matter, with a scathing assessment of the government’s failure to adhere to the constitution. Judge James Mukau said the court would not tire of reminding the government that the constitution was Kenya's supreme law. ‘It has life and it has teeth,’ he said. The way Oumarou had been treated was ‘unbearably shameful’ for a democracy, said the judge. He granted a slew of orders, including one that stopped the government preventing Oumarou from returning to Kenya without proper cause and without following due process.

Copyright & A2K Issues - 29 June 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)

'Indeed the dead have rights' - Kenyan high court in Covid exhumation case
'Indeed the dead have rights' - Kenyan high court in Covid exhumation case

Relatives of a Kenyan man who died shortly after the outbreak of the Coronavirus pandemic, have asked that his hurriedly-buried body be exhumed, tested for Covid-19 and then re-buried with proper traditional rites. They complained that during a late-night burial, the body of James Onyango was put into a shallow grave wrapped in a plastic bag, while a ‘battalion of police officers’ and local government officials surrounded the family house. This was contrary to custom and had caused stigma in their traditional village. Government authorities, however, said post-mortem tests showed that Onyango had Covid-19 and thus he had been buried hastily, according to the practice prevalent in April, with very few attending. The family was particularly worried that wild animals could dig up the body as it was not buried in a coffin, nor in a grave of the normal depth. They said the dead man had a right to human dignity ‘even in death’. In a lengthy judgment, Judge Rosemary Aburili concluded that exhumation was not advised given the health hazards involved, but ordered the grave site be properly cemented to prevent animals from digging it up.  She also spoke about the fear and stigma, even at present, if someone in the family was suspected of having Covid-19. She said such a person was ‘surrounded by an army of public health officials, accompanied by heavy security teams, captured like a stray monkey [and] taken to quarantine at the suspect’s own cost.’

Supply doctors, health workers with protection, court tells Lesotho government
Supply doctors, health workers with protection, court tells Lesotho government

Doctors in Lesotho have won a major constitutional battle. They brought a case against the country’s minister of health, the minister of finance and the minister of public service, among others, claiming that their constitutional rights had been infringed in a number of ways. In particular they said they were not being provided with proper personal protective equipment (PPE). They were also unhappy because long-established supplementary payments to them had been cut off by government, all in the name of shortage of funds. On both issues the court has declared their constitutional rights were violated, and the judges also ordered the government parties to provide doctors and health workers with PPE ‘within a reasonable time’.

Copyright & A2K Issues - 23 June 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)