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Nigeria loses bid for UK courts to hear bribe claims against petrol giants
Nigeria loses bid for UK courts to hear bribe claims against petrol giants

A London judge has ruled that England has no jurisdiction over a case brought by the Nigerian government against Royal Dutch Shell and Italian oil giant, Eni. The $1 billion U.K. lawsuit was brought over allegations the two companies knew about bribes in a Nigerian oil deal. Last week, on May 22, the judge determined that the claim in London involves essentially the same facts as a parallel proceeding that is currently ongoing before a court in Milan, Italy and that the London claim may thus not go ahead

Copyright & A2K Issues - 26 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 email  Denise.Nicholson@wits.ac.za . (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 27 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)

Malawi appeal court judges set new election standards
Malawi appeal court judges set new election standards

Malawi’s Supreme Court of Appeal has confirmed that Peter Mutharika was ‘not duly elected’ as President in last year’s national election. This is important news: many people had been holding their breath as they waited for the appeal outcome. But that is far from all that the judgment decided. It also made final rulings on other issues that will impact on government and elections into the future, well beyond the forthcoming re-run. In this case the appeal court was considering a decision by Malawi's constitutional court, handed down earlier this year. It had reached the shock conclusion that Mutharika was not in fact ‘duly elected’ in the May 2019 polls, and the constitutional court ruled new elections had to be held within 150 days. Mutharika and the Malawi Electoral Commission appealed against this decision, and it was in response to this appeal that the seven Appeal Court judges have now delivered their decision, from which there can be no further challenge. Important though the Appeal Court’s eagerly-anticipated decision has been in relation to the validity of the last polls and the requirement of a re-run, it also decided a number of other, related, issues that will impact on government and elections in the future as well.

Help secure African Court’s future: here’s your chance
Help secure African Court’s future: here’s your chance

One of the continent’s most precious and prized institutions, the African Court on Human and Peoples’ Rights, is under immense pressure. Its very existence as a human rights court for the continent is at stake – and now you can join in doing something about it. The court is asking for input on its next five-year plan and we urge you to take this plea for helpful ideas very seriously. Celebrate Africa Day by ensuring your voice is heard on the court’s future role!

Parliament’s ‘contempt’ raised in challenge to Tanzania’s bail-ban laws
Parliament’s ‘contempt’ raised in challenge to Tanzania’s bail-ban laws

Tanzania’s bail laws have been brought into line with the country’s constitution, following an application by a member of the legal profession. But in the aftermath of the decision there’s confusion and concern, mostly related to the appeal noted by the government the day after judgment was delivered this week. The high court judgment by three judges deals with the problem that the law makes certain offences ‘unbailable’. How does this square with judicial discretion, the petitioner asked.

African aviation post COVID-19 – Where to?
African aviation post COVID-19 – Where to?

According to the International Air Transport Association (IATA), aviation contributes to 2.6 % of Africa’s GDP and supports an estimated 6.2 million jobs. The aviation sector is one of the worse impacted during this crisis.

Courts should not give up their position as ‘last resort protection’ under COVID-19 regulations
Courts should not give up their position as ‘last resort protection’ under COVID-19 regulations

Courts should beware of giving up their role of protecting fundamental rights during the COVID-19 pandemic, according to Tim Fish Hodgson, legal advisor with the International Commission of Jurists, Africa. Interviewed online on how COVID-19 regulations were impacting on socio-economic rights wordwide, he said that in many countries, courts were no longer as willing to consider cases involving infringements of rights. They took the view that, under an emergency situation, judges 'need to defer'. Urging courts not to take this stance, Hodgson said judges around the world need to make sure that court systems operate as fully as possible, especially in response to people's claims about right's protection.

Lawyers don't have to pay double tax, minister ought to consult next time - Uganda court
Lawyers don't have to pay double tax, minister ought to consult next time - Uganda court

After a long and difficult battle with the relevant minister, Uganda's law society has staved off attempts to subject members to double taxation. The government had included lawyers on a schedule of professions and businesses that had to apply for local licences to 'trade', though they are already taxed via practice certification processes. Judge Ssekaana Musa had to deal with similar challenges to the schedule from members of Uganda's pharmaceutical association and organised members of the country's forwarding and clearing business. In all three cases, he found the 2017 proposals would introduce a system that amounted to double taxation. This was impermissible and the minister's actions were thus declared invalid. In an obiter note at the end of his judgment on the law society's challenge, Judge Musa urged that the government consult with the law society to avoid 'further litigation'.

Changes to Dispensing Regulations pertaining to certain Schedules of Medicines during COVID-19
Changes to Dispensing Regulations pertaining to certain Schedules of Medicines during COVID-19

On 7 May 2020 the Minister of Health published a Government Notice (Gazette No 43294, Notice no. 514) relating to the dispensing of Schedule 2, Schedule 3 and Schedule 4 substances during the COVID-19 Pandemic.