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Coronavirus fears hit law firms, courts; plans for containment
Coronavirus fears hit law firms, courts; plans for containment

Law firms around the world are considering how best to help contain the spread of coronavirus among staff and clients. Some legal offices have closed their corporate premises, requiring their staff to work from home. And in some countries even the courts have been affected or are making plans for possible shut-down.

A win for all of South Africa against brutality by security forces
A win for all of South Africa against brutality by security forces

In a major victory for human rights delivered by the high court in South Africa, the family of Collins Khosa and their neighbours have won a court application for orders against the security forces and their bosses. And they will no doubt be awarded significant damages when that part of the litigation is eventually heard. But they are not the only winners: everyone in South Africa has won because of this restatement by the courts of the obvious: that the government and the security forces will be held to account for how they behave - even during restrictions aimed at curbing the spread of Covid-19 - and that their behaviour will be measured against the standards of the Constitution and the Bill of Rights. The judgment is a reminder to everyone in the region that judges and courts are able to act in protection of human rights, and that they can truly make a difference.

Covid-19 and the justice and legal sector
Covid-19 and the justice and legal sector

Covid-19, the viral threat that is sweeping across the world, is not exempting the judicial and legal sector. It raises problems for the operation of courts and legal practices as well as posing novel legal dilemmas. Here is a glimpse of some of the challenges being dealt with internationally in relation to the law, reported over the last week.

Human rights fightback as security forces take abusive action under cover of COVID-19 regulations
Human rights fightback as security forces take abusive action under cover of COVID-19 regulations

As the security forces of some African countries take abusive action against people under cover of Covid-19 lockdown regulations, human rights groups have begun to fight back. Prompted by complaints of serious constitutional rights' violations – beatings, torture and other humiliating treatment – Kenya’s law society has brought a petition to the courts, and a human rights organisation in South Africa has done the same. In Kenya the court has agreed to part of the petition, with other issues still to be argued at a later date, possibly even today, while the SA case could be called later this month.

No protection in Zim for pangolin, alleged trigger of world's coronavirus pandemic
No protection in Zim for pangolin, alleged trigger of world's coronavirus pandemic

Scientists increasingly believe that pangolin meat might have been part of the trigger for the deadly coronavirus. In this case the pangolin would have been bought in a typical Chinese market where illegally obtained wildlife has been an everyday element. But though that news has given new impetus to wildlife protection, it turns out that there is no proper legal protection for the pangolin in Zimbabwe. Cabinet ministers have not added it to the list of protected species whose possession is unlawful - despite being urged to do so in a recent judicial decision.

Judge rejects bid to stop upgrade of 'elite' hospital in Zimbabwe
Judge rejects bid to stop upgrade of 'elite' hospital in Zimbabwe

The High Court in Zimbabwe has rejected an attempt to stop the refurbishment of an incomplete and deserted hospital and make it available for patients ill with Covid-19. The Rock Foundation Medical Centre, sometimes called the Arundel Mediclinic and Arundel Hospital, has been at the centre of a major row, with many government opposition members saying the ruling party was renovating the place for the use of the political elite. Government response to these claims has been equivocal and there is still a strong and widespread belief that the upgraded facilities would be available only to fee paying patients. Since the vast majority of people in Zimbabwe would not be able to afford treatment at such centres, and must rely on public facilities that lack even the most basic equipment, the Rock Foundation hospital and a second facility that is also being upgraded for fee-paying patients, have both become touchstones for public protest.

Court slams lawyers for not having COVID-19 permits to appear in case
Court slams lawyers for not having COVID-19 permits to appear in case

A South African judge has strongly criticised a group of lawyers who appeared in an urgent case that, among other things, dealt with access to water by residents of a municipality affected by a political dispute. The judge said that the lawyers were irresponsible and unprofessional because they had not obtained the permits required to attend a court case under COVID-19 lockdown regulations. The court further ordered that the lawyers were not allowed to charge their fees for the day, and that the question of their lack of proper permits should be reported to the Legal Practice Council.

Controversial Lesotho PM prorogues Parliament, gets taken to court
Controversial Lesotho PM prorogues Parliament, gets taken to court

Lesotho’s Prime Minister, Tom Thabane, has signed papers suspending parliament for three months. He cited the coronavirus pandemic to explain his decision. Ironically, a full-on legal application contesting the validity of his Covid-19-based decision, was heard in a virtually empty court due to steps aimed at containing spread of the disease. But the case also marked a significant step for the country’s broadcaster which, for the first time, carried a court hearing live on national television and radio.

Fix laws or face huge damages claims – judge warns Malawi lawmakers on the state of Covid-19 disaster legislation
Fix laws or face huge damages claims – judge warns Malawi lawmakers on the state of Covid-19 disaster legislation

In a long and highly unusual judgment, a judge of Malawi’s high court has shown that the country’s legislation is completely unprepared to manage the coronavirus pandemic, and without the appropriate regulations or, in some cases, even appropriate laws. The judge made these findings in a case that concerned 10 Chinese nationals visiting the country. In a series of steps by officials of Malawi’s immigration and citizenship services some were deported, while the remaining four are still in Malawi although attempts were made to send them back to China. Official action against them appears, however, to have been taken without the proper legal basis: officials were unable to use the present health law that dates back to 1948, and so decided on action based on a 'resolution'. In deciding the interim questions raised in the first part of the case, the judge examined laws essential for the state of disaster declared to deal with the coronavirus and found the laws ‘archaic’, ‘obsolete’ and in a ‘total shambles’. The judge also strongly resisted claims that appear to be circulating in Malawi, that judges who demand that official action must be taken in terms of some law or regulation, are ‘unpatriotic’. He warned that unless laws and regulations were urgently fixed so that they are fit for purpose and will stand up in court, the state as well as local authorities could find themselves facing massive claims for damages in relation to actions that are not lawful.

Malawian law students lose their challenge to Covid-19 university closure
Malawian law students lose their challenge to Covid-19 university closure

A group of four students studying law in Malawi have lost their high court case challenging the validity of the President's Covid-19-related directives. They also lost their challenge to the closure of their university in terms of those directives. But it was not all bad news for them – at least the students won commendation from the presiding judge for ‘taking their future seriously’.