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Tanzania must overhaul its oppressive media law after court scraps appeal
Tanzania must overhaul its oppressive media law after court scraps appeal

The Tanzanian government has suffered yet another blow to its efforts at curbing free expression: it has lost its appeal against a declaration of invalidity of key elements of a law that had given it wide-ranging powers to stifle the media. Earlier this week, the appellate tribunal of the East African Court of Justice dismissed the government’s attempts to appeal, saying the appeal had not been filed within the time limits set by the court.

Judiciary in Malawi under threat – strong support offered
Judiciary in Malawi under threat – strong support offered

Growing animosity expressed by Malawi’s President Peter Mutharika against the country’s judiciary has provoked shocked reaction by two major legal bodies in Malawi, the Malawi Law Society and the Magistrates and Judges Association of Malawi. Both strongly criticised the President’s comments. Now several leading international legal organisations have issued a statement supporting the judiciary and restating the need for its independence to be respected.

Copyright & A2K Issues - 5 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)

Bail grant to former First Lady of Lesotho: court finds 'gross irregularities'
Bail grant to former First Lady of Lesotho: court finds 'gross irregularities'

Lesotho's former first lady, Maesaiah Thabane, third wife of the country's former Prime Minister Thomas Thabane, has been charged with murdering her predecessor, the former PM's second wife. Though Maesaiah was granted bail by the country’s Acting Chief Justice, an Appeal Court bench – consisting of three ‘outside’ judges – has now found the bail decision tainted by ‘gross irregularities’. After a virtual hearing due to the Covid-19 pandemic, the three judges declared the bail decision invalid and ordered that a further bail hearing be urgently convened to resolve the issue. In its decision the court stressed the importance to Lesotho, as a 'constitutional democracy under the rule of law', of the dispute over the validity of the grant of bail in this case. The judges took note of the ‘high status’ and political power wielded by Maesaiah, urged that matters such as this should take place in open court rather than in judicial chambers as has become the norm in Lesotho, and that transparency should characterise such hearings in the interests of the people of the country and the rule of law. In particular, the judges expressed concern that well-established key issues for consideration in bail matters such as the likelihood of interference with witnesses and the prospects of convictions were not taken into account before bail was granted. Nor were any reasons provided by the Acting CJ for her decision to grant bail.

Judge Lebohang Aaron Molete of Lesotho RIP
Judge Lebohang Aaron Molete of Lesotho RIP

A senior member of the judiciary in Lesotho, Lebohang Aaron Molete, has died. He was 61. In 2010 Judge Molete was appointed as a member of the commercial court. He also sat in several significant cases as a member of a specially constituted three-person constitutional panel. He died following a stroke that had left him suffering significant complications.

Court orders huge payout for former CEO of Zambia Railways
Court orders huge payout for former CEO of Zambia Railways

One of Zambia’s internationally best-known figures has been awarded huge damages by the high court following his sacking by the late Zambian President, Michael Sata. Clive Chirwa had been head-hunted by Sata to return to Zambia and take over as CEO of Zambia Railways. Just three months into the five-year contract, however, he was fired. He was told that he was being ‘retired in the public interest’. But Chirwa’s contract stipulated he was to be paid for the full five years if the contract were to be terminated for any reason other than ‘disciplinary’. The court awarded Chirwa, who has been fighting the matter since 2013, the full balance of his contract payments, plus interest.

Namibian paralegal's 'naked failure' to be admitted as attorney
Namibian paralegal's 'naked failure' to be admitted as attorney

A Namibian paralegal is rapidly notching up entries in the index of his country's law reports. In May alone, Alex Mabuku Kamwi featured in two decided cases. In one he was given leave to appeal because of a recusal issue. In the other he tried, a fourth time, for admission as an attorney - only to meet with what Judge Thomas Masuku called, a 'naked failure'. This was because the qualifications on which he bases his fight for admission are not recognised for this purpose by the Namibian law. He was also warned that if he makes another application based on 'spurious grounds' he could well be met with the court's 'ire' as well as a punitive costs order.

Copyright & A2K Issues - 21 May 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)

Police officers cannot escape responsibility for rights abuse by citing ‘higher orders’ – Ugandan court
Police officers cannot escape responsibility for rights abuse by citing ‘higher orders’ – Ugandan court

A judge of Uganda's high court has ruled that individual members of the police and other security forces may not rely on 'higher orders' or claims that they were waiting for orders 'from above', to justify human rights violations. Judge Margaret Mutonyi ordered significant damages as compensation to a number of applicants after she found police had abused their rights. In one of the two applications she dealt with, a number of people were unlawfully arrested and detained for participating in a legal protest against the raising of Uganda's presidential age limit. In the other case, the two wives of a man being investigated for murder were both arrested. Between them they had about a dozen children, including babies under a year old and still breast feeding. All the children were taken away by the police after the mothers were detained. The police caused the mothers severe stress by refusing to tell them what had happened to the children, even saying they had been given away and that they would never see them again. The arrested children were held for 51 days. The question of whether following 'higher orders' is a valid excuse for rights abuse in the security forces is a long-standing issue in international law, and the International Military Charter (Nuremberg), for example, states: 'The fact that the Defendant acted pursuant to orders of his Government or of a superior, shall not free him from responsibility.' It may however be considered in mitigation.

Two state entities overseeing Kenyan land administration fight over their respective rights, duties
Two state entities overseeing Kenyan land administration fight over their respective rights, duties

Two Kenyan state entities are not seeing eye to eye about how crucial land issues should be handled. The National Land Commission and the Ministry of Lands and Physical Planning both claim that tasks where they should be in charge, are wrongly being carried out by the other entity. Not even a supreme court advisory opinion has resolved the problem, and each continues to interpret that opinion in a way that favours its own interests, escalating conflict between them. There are also now two ‘live’ petitions that ask for judicial help in solving the disputes. The country’s appeal court has just given a decision on the way forward.