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Law reporting at the African Court on Human and People’s Rights: Aspirations and Challenges (Part II)

In this second of a two-part blog, legal scholar Yuzuki Nagakoshi reflects on recent training at the African Court on Human and Peoples' Rights. Offered jointly by the  African Legal Information Institute , the  Judicial Institute for Africa , based at the University of Cape Town, and by  Kenya Law , the course was intended to provide a comprehensive theoretical and practical training in traditional and digital law reporting. Participants comprised legal research, registry and judicial staff of the African Court on Human and Peoples' Rights and the East African Court of Justice.

Law reporting at the African Court on Human and People’s Rights: Aspirations and Challenges (Part I)
Law reporting at the African Court on Human and People’s Rights: Aspirations and Challenges (Part I)

In this first of a two-part blog, legal scholar Yuzuki Nagakoshi reflects on recent training at the African Court on Human and Peoples' Rights. Offered jointly by the African Legal Information Institute , the Judicial Institute for Africa , based at the University of Cape Town, and by Kenya Law , the course was intended to provide a comprehensive theoretical and practical training in traditional and digital law reporting. Participants comprised legal research, registry and judicial staff of the African Court on Human and Peoples' Rights and the East African Court of Justice.

Democracy an expensive business - Malawi court
Democracy an expensive business - Malawi court

Malawi’s judicial decision that the country’s ‘Tippex’ election be re-run, has survived its first crucial challenge. The original dispute, heard as a constitutional matter by the high court, concerned the validity of national polls held in May 2019. Earlier this month, five judges ordered that the elections be held again because of widespread irregularities including the blanking out of official records with correction fluid. Last week the court heard and decided an application for this judgment to be suspended, pending a challenge in the Supreme Court of Appeal. Peter Mutharika, who emerged from the now discredited elections as Malawi’s President, gave a number of reasons for why the decision should be put on hold until the apex court has re-considered the judgment. His legal team said it would waste a lot of money to prepare and perhaps even hold a second round of elections, only to find that the appeal court overturned the original decision. Refusing the application for suspension, the judges commented: ‘The view of this court is that democracy is an inherently expensive process.’

Prisoner, jailed for indecent assault, loses civil action over extended imprisonment
Prisoner, jailed for indecent assault, loses civil action over extended imprisonment

A prisoner, convicted of indecent assault by the Eswatini courts, has tried to sue the magistrate who presided in his case, claiming he was kept in prison five months longer than his sentence. And indeed, he was kept in prison for extra time. But this was in terms of a high court review of his original sentence. Moreover, as the high court hearing the civil case pointed out, the magistrate who ordered the additional time in prison was acting in her official capacity, and the constitution stipulates that a judicial officer is immune from claims for anything done in the exercise of the judicial power. It’s an important reminder about judicial power. But why did it require a year for the court to deliver its decision?

Three decades later, former Kenyan air force member may sue for torture – appeal court
Three decades later, former Kenyan air force member may sue for torture – appeal court

In a major new decision, Kenya’s court of appeal has ruled that a claim alleging torture under a previous regime may be heard – even though it is more than 30 years since the events involved. The case concerns Michael Kibuti, a previous member of the armed forces, who was tortured and then discharged after a court martial following a failed coup in 1982. It was originally heard in the employment and labour relations court as Kibuti wants the court to recognise that various of his constitutional rights were violated by the torture meted out to him, and he also claims the terminal benefits due to him when he was discharged. However, that court dismissed the petition saying his claim was disqualified. Kibuti then turned to the appeal court for help and the judges of that court have held the matter must be properly heard by a trial court.

Copyright & A2K Issues - 20 February 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  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 30 January 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  only (N.B. PLEASE DO NOT SEND TO WHOLE MAILING LIST)

Copyright & A2K Issues - 19 February 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)

Top court reigns in Kenya's President over judicial appointments
Top court reigns in Kenya's President over judicial appointments

Kenya's President Uhuru Kenyatta has violated the constitution by not appointing judicial candidates whose names were given him by the Judicial Service Commission in the middle of last year. That's according to a finding of the country's Constitutional Court, which has held that the President plays only a ceremonial part in judicial appointments and was constitutionally obliged to enroll those chosen by the JSC. The judges said Kenyatta had no constituitonal power to 'review, reconsider or decline to appoint' those recommended by the JSC.  The significant new decision follows many months of silence from the President in the wake of the JSC's recommendations for appointment. According to Kenyatta, who argued that he had the right and the duty to decide for himself whether the JSC nominations were appropriate, questions were raised about some of the candidates by the country's intelligence services. Rejecting this justification, the court said the appointment of judges 'should be immediate and as soon as recommendations are forwarded to him' by the JSC, and suggested that the process should take no longer than 14 days. The strongly-worded decision is the latest in an ongoing struggle between the President and the judiciary dating from at least 2017 when the Supreme Court annulled national elections and ordered a fresh round of voting across the country

Uganda judiciary to hold court in refugee camps; warn police on judicial independence
Uganda judiciary to hold court in refugee camps; warn police on judicial independence

It has been a busy time for Uganda's judiciary, in the media for contrasting reasons. The judiciary put its collective foot down after police summonsed a magistrate in connection with a case he had heard and which the police were also investigating. In a strongly-worded statement the judiciary said that such actions were ‘irregular’ and that the police ‘cannot summon judicial officers to explain how they handle court cases.’ Another, more positive development, has seen the judiciary in discussion with the Refugee Law Project over holding court sessions in refugee camps starting as soon as next month. Uganda hosts about 1.4 milllion refugees, more than any other African country, and this step is seen as highly significant in offering refugees in camps better access to justice.