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Malawi's judicial crisis deepens: resistance to gvmt moves placing CJ on immediate leave
Malawi's judicial crisis deepens: resistance to gvmt moves placing CJ on immediate leave

Malawi remains tense after last weekend’s shock government announcement of action against the country’s Chief Justice, Andrew Nyirenda. The government said that, with immediate effect, it was sending him on leave ‘pending retirement’. That announcement galvanised the local and international community and led to protests in a number of Malawian cities. It also led to many statements of support for Malawi’s judiciary, including from other African Chief Justices. In response to the action taken against the Chief Justice, the Malawian judiciary issued a statement of its own saying that the Chief Justice and other judges - whose immediate departure from office ‘on leave pending retirement’ had also been announced by the government - would all be back at work as usual in the week that followed. All of this legal drama took place as the country prepared for new elections on June 23, following the Supreme Court’s judgment, upholding the Constitutional Court, to the effect that the elections of 2019 were invalid.

Judge murdered while presiding in massive DRC corruption trial
Judge murdered while presiding in massive DRC corruption trial

Judge Raphael Yanyi, presiding in the high-profile trial of a senior Democratic Republic of Congo official facing corruption charges, died on May 26. Three successive versions of the cause of his death have now been given – a heart attack, poisoning and stab wounds to the head. His family is calling for an independent autopsy to be conducted by international experts who are independent of the DRC government. Sentence is likely to be imposed on the three accused in the case on June 20, by another judge who stepped in to continue the case after Judge Yanyi died.

A war against the nation's women and children - Ramaphosa
A war against the nation's women and children - Ramaphosa

In his most recent address to the country on the Covid-19 situation, President Cyril Ramaphosa of South Africa has spoken about easing the restrictions imposed on the country since March 27. But he took his audience by surprise when he deviated from his usual format to speak strongly – even with some passion – about the terrible increase of killings and abuse of women and children that has characterised the period of restrictions imposed to curb the Coronavirus.

Major decision on gay rights by US Supreme Court
Major decision on gay rights by US Supreme Court

The US Supreme Court this week delivered a judgment in which the majority held it was unlawful, under the Civil Rights Act of 1964, to dismiss anyone on grounds of ‘sex’ – and that this included firing anyone because they were gay or transgender. Three judges disagreed, saying the law dealt with ‘sex’ – not ‘sexual identity’ or gender.

Suspension of Lesotho's parliament 'irrational', 'unlawful' - court
Suspension of Lesotho's parliament 'irrational', 'unlawful' - court

It was a transparent attempt to avoid a vote of no-confidence by parliament, hiding behind a claim to be protecting MPs from Covid-19. And now the controversial Prime Minister of Lesotho has had his come-uppance from the country’s high court which ruled his prorogation of parliament was invalid. Just another blow for the soon to be ex-PM, Thomas Thabane, a man under suspicion of involvement in the murder of his estranged second wife. Just how soon is far from clear, however, with defiant Thabane saying he will choose how and when to make his exit.

Security forces sowing terror in Lesotho, Lawyers for Human Rights tells courts

Lawyers of yet another SADC country have turned to the courts for help with security force brutality against ordinary people in the community, carried out under cover of Covid-19 regulations. This time it is Lesotho Lawyers for Human Rights that is asking the high court’s constitutional panel to stop the security forces from torturing, killing and abusing people. The organisation also wants the court to order that all members of the security forces who have assaulted or tortured members of the public should be arrested and charged. The lawyers claim that ‘terror and consternation’ is sweeping through the nation, and that the judges should act urgently to stop the unlawful brutality and to protect people against further ‘inhuman and degrading treatment’.

Lockdown on hold, AG taken to task: latest from Malawi high court
Lockdown on hold, AG taken to task: latest from Malawi high court

In this week’s round of an ongoing dispute over the validity of Malawi’s Covid-19 restrictions, the high court has ruled that the government's planned regulations may still not be put into effect. The court has referred these challenges to the Chief Justice who will consider setting up a high court constitutional panel that would hear the problem and find a way forward. At its heart, the dispute is about whether the proposed restrictions have a valid legal base and/or contravene the constitution. But this week’s judgment also took on the attorney general’s office for having made no appearance in court when the matter was argued. The court called this a ‘snub’ and ‘astounding effrontery’.

Dying surrounded by family ‘a most fundamental right’ - court
Dying surrounded by family ‘a most fundamental right’ - court

In a case that has moved readers worldwide and that sparked a judge to comment on the rights of a dying person even during the Covid-19 pandemic, a court has ordered that a terminally ill Nigerian woman living in the UK be allowed to leave the care home where she had been staying, to spend her last days with her extended family. In her decision on the case, UK Judge Nathalie Lieven commented that the woman had ‘something between a few weeks and 3 – 6 months to live’ and that the question was whether she should be able to spend those last days with her family. ‘The ability to die with one’s family and loves ones seem to me to be one of the most fundamental parts of any right to private or family life,’ the judge wrote.

Lessons for Covid-19 from HIV response: don’t forget vulnerable groups - women, the unemployed – and sexual minorities
Lessons for Covid-19 from HIV response: don’t forget vulnerable groups - women, the unemployed – and sexual minorities

In a webinar this week, arranged by UNAIDS and the SADC-Lawyers Association, speakers teased out what could be learned from the response to HIV as countries struggled to manage the impact of Covid-19 on people’s safety.

Malawi case flags growing threats to human rights, role of African Court
Malawi case flags growing threats to human rights, role of African Court

Almost every country in the world is experiencing a narrowing of peoples’ rights and freedoms because of government restrictions imposed in the name of fighting the Covid-19 pandemic. But will these governments willingly give up their new powers as the contagion eases? And if not, where should the people of a state look for help, if their own courts uphold these infringements of fundamental rights? In Africa, the African Court on Human and Peoples' Rights would be the court to adjudicate serious rights issues like these. But the question is whether, come the end of the pandemic, the court will be in a position to help. Very few of the 55 members of the African Union have fully signed up to the court in the sense of allowing individuals and NGOs to bring cases of human rights violations for adjudication by that forum. And those numbers have dropped in the past few months, weakening the court further. The case of Malawi human rights activist Charles Kajoloweka should, however, persuade people of the need to protect the African Court from any further withdrawals - and of the need to lobby for more countries to submit to its jurisdiction.