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Costs order a lesson about 'frivolous' Covid-19 claims - labour court
Costs order a lesson about 'frivolous' Covid-19 claims - labour court

The first case testing whether sufficient protection was available for medical staff working on the front line against the coronavirus in South Africa, has resulted in an ignominious conclusion for the union that brought the legal action. The National Education Health and Allied Workers Union (Nehawu) launched its challenge as a matter of urgency in the Labour Court, alleging that the government was not providing adequate protective gear to Nehawu members working in particular hospitals. In the end, however, it was unable to provide any evidence of a lack of personal protective equipment (PPE) at any of the medical facilities mentioned in its claim, and withdrew its case. But despite that withdrawal the court gave a full judgment, reciting information provided by the government about the stocks of PPE available in the hospitals or ordered. The judge said it was necessary to evaluate the union's claims in a formal, written decision so that the public was assured about the situation. The case led to the national Minister of Health giving a clear statement of the preparedness of SA's medical facilities for dealing with Covid-19 in relation to health workers' protective gear. It is also important because the judge spelled out that a court could adjust the 'standard of what constitutes frivolous and vexatious conduct' in litigation so that parties who pursued 'obviously untenable legal points' or used the court as 'part of power-play', or made allegations they could not substantiate, would know that they risked a cost order if they should lose. In other words, the judge gave notice of how a court might consider the question of costs in a case brought at a critical time like this, when the case involved serious claims that could not be backed up.

As ‘moral Covid-19’ infects Namibia, even legal profession touched by Fishrot bribery scandal
As ‘moral Covid-19’ infects Namibia, even legal profession touched by Fishrot bribery scandal

The ‘Fishrot’ corruption scandal engulfing Namibia seems set to choke the country’s legal profession as well: while the Law Society of Namibia tries to access the records of one of its prominent members, suspected of being involved in the scandal and to have used his trust account for money-laundering, it has become clear that a number of the society’s council members face problems of a conflict of interest in the matter. In fact, so many of the council are hampered in one way or another, that local media speculate the society’s attempts to investigate involvement by members of the profession in the scandal could be compromised.

Kenya’s Covid-19 restrictions invalid, unlawful – law society
Kenya’s Covid-19 restrictions invalid, unlawful – law society

Kenya’s law society has launched a court application challenging the validity of the country’s Covid-19 restrictions because they have not been approved by parliament. The law society also claims they are invalid because they discriminate against the poor, in that they make wearing masks compulsory while those living in poverty will not be able to afford them. Further, the society argues that the regulations go further than the laws from which they derive their power, will allow.

Judge orders curfew exemption for Kenya’s lawyers
Judge orders curfew exemption for Kenya’s lawyers

Kenya's High Court has declared as unconstitutional the 'unreasonable use of force' by police since a dusk to dawn curfew came into effect in that country on 26 March. The court has also ordered that the authorities must include lawyers and members of the police oversight authorities on the list of those exempt from the provisions of the curfew, established as a response to the coronavirus. The curfew was implemented because the government was reluctant to impose a lockdown as has been the case in a number of other countries.

'Just not good enough' - get up to speed for electronic hearings: UK court
'Just not good enough' - get up to speed for electronic hearings: UK court

Like it or not, the coronavirus is forcing lawyers – judges, magistrates, prosecutors, advocate and attorneys – to play catch up with technology. Many courts are now operating through the lockdown or other social distancing restrictions via electronic hearings, and judges have to be up to speed. A number of recent cases show the courts wrestling with the question of how much extra time should be allowed to parties for preparation when the case is to be heard electronically. And under what circumstances should a court agree to postpone a matter until it is possible that lockdown will be lifted, so that the case may be heard as in the past? If ever there was a case that illustrated the problems involved with Covid-19 regulations and their impact on hearings in legal matters, it is this one.

Copyright & A2K Issues - 12 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)

Regional court upholds freedom of expression, media freedom
Regional court upholds freedom of expression, media freedom

The Tanzanian government, seen as oppressive in its attitude to a number of democratic freedoms including freedom of expression and free media, has lost a significant battle at the East African Court of Justice. The EACJ, which resolves disputes involving the East African Community and its member states, was approached by the newspaper, Mseto, after the Tanzanian government suspended it from all operations for three years. First, the EACJ trial court held that the suspension was unlawful. Now, the EACJ appeal tribunal has set aside the government’s appeal application and refused it an extension of time to file the appeal. The Tanzanian government recently announced that it will no longer allow its citizens to bring cases against it in the African Court on Human and Peoples’ Rights, the continent’s human rights court. In view of this new defeat at the EACJ, might Dodoma be considering how to prevent another embarrassing recurrence at the EACJ as well?

Justice Modibo Tounty Guindo of Mali and the African Court RIP
Justice Modibo Tounty Guindo of Mali and the African Court RIP

A veteran of the African Court on Human and Peoples’ Rights, Judge Modibo Tounty Guindo, has died. He was among the group of judges that first set up the African Court when it began operations in 2006, and he served as that court’s first Vice President. At the time of his death he was a member of the constitutional court in his home country of Mali.

Judge Chifundo Kachale's appointment to head Malawi electoral commission welcomed
Judge Chifundo Kachale's appointment to head Malawi electoral commission welcomed

Regional media are falling over themselves to praise and welcome the appointment of Judge Chifundo Kachale as the new head of Malawi’s electoral commission. Judge Kachale was named by President Peter Mutharika last weekend along with the rest of the commission – some new names and some old. Judge Kachale takes over from Judge Jane Ansah whose commission came in for scathing criticism by the country’s supreme court for its handling of the now-discredited 2019 elections.

‘Limping and irrational’ decision overturned on appeal by East African Court
‘Limping and irrational’ decision overturned on appeal by East African Court

A strange application brought to the East African Court of Justice by Burundi has completely unraveled. Burundi had argued that the Speaker of the East African Legislative Assembly was not properly elected. Failing before the trial court, Burundi challenged the court’s decision - only to have its legal team slated on appeal. Not just that: the initial costs order was overturned and Burundi must now pay the legal costs of both the trial and the appeal.