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HIV+ prisoners' victory opens door to rights-based legal action

Two HIV+ prisoners held in Lusaka's central prison, have won a case against the prison authorities that could have widespread repercussions for other prisoners and for rights-based litigation more broadly. They claimed their rights to life and dignity were infringed by conditions in the cells. In response, Zambia's highest court has ordered the government to ensure they are provided with a balanced diet and access to the medicine and treatment they need given their condition. They must also be housed in cells that are neither a health risk, nor in such a condition that they constitute inhuman and degrading treatment or additional punishment. The court has further ordered that the prison authorities must provide the courts with regular updates on what has been achieved by way of reducing overcrowding and improving conditions in the cells. A part from its important orders related to prison conditions, the judgment is also crucial from a legal perspective: the High Court had found that though the prisoners had proved the terrible conditions under which they were housed, there was nothing the courts could do about the situation as the rights infringed were not justiciable. The Supreme Court overturned that finding, leaving the way open for other challenges on issues previously thought out of bounds for the judiciary.

Citing outdated colonial attitudes, Zambia's Con Court dumps laws on chiefs
Citing outdated colonial attitudes, Zambia's Con Court dumps laws on chiefs

Contemporary Zambian laws allowing the President to regulate traditional chiefly appointments have been declared unconstitutional. The laws, based on colonial-era ordinances, were tested when a prominent traditional leader disputed the President’s power to legitimise a chief’s appointment through ‘recognition’. The court found that these presidential powers infringed the amended constitution saying ‘no law’ could allow anyone the right to ‘recognise or withdraw the recognition of a chief’. Given the promises of the constitution and its supremacy over all other law, provisions of the Chiefs Act allowing the President a say in the choosing of chiefs and other traditional leaders were unconstitutional and were to be ‘expunged’ from the statute books.

Top judge given human rights award in Zambia
Top judge given human rights award in Zambia

Zambian Supreme Court Judge, Mumba Malila, has been honoured for his human rights work. Earlier this week, Justice Malila was the 2019 recipient of the Zambian Human Rights Commission Award, given in recognition of his contribution to the field of human rights both in Zambia and, more broadly, across Africa.

Regional court overturns Sierra Leone ban on pregnant girls attending school, writing exams
Regional court overturns Sierra Leone ban on pregnant girls attending school, writing exams

For years organisations and individuals have urged the government of Sierra Leone to re-think its 2015 ban on pregnant girls attending mainstream schools and writing exams. But they had no success. Eventually some of these organisations approached the Court of Justice of the regional Economic Community of West Africa States (ECOWAS), arguing that important rights of such girls were violated by the bar on attending school. Today, the court noted its decision: the ban was discriminatory and had to be overturned, said the judges.

‘Remarkable African jurist, judge and scholar’ – Jifa faculty member lauded
‘Remarkable African jurist, judge and scholar’ – Jifa faculty member lauded

When the Judicial Institute for Africa (Jifa) schedules training for African judges, one of the most important preparatory issues is who to invite as faculty. Then follows an anxious time of discussion to ensure that the invited jurist will be available and willing to assist. Among those who regularly offers enthusiastic help and expertise is Justice Oagile ‘Key’ Dingake, originally from Botswana’s high court but now enjoying an international judicial career. Justice Dingake's remarkable writing, teaching and judicial life thus far – he is in his mid-50s - has been the centre of a new media profile that we are delighted to share with you.

How judges can help court reporters - plea from 2019 Judicial Dialogue
How judges can help court reporters - plea from 2019 Judicial Dialogue

Unesco’s invitation to speak at an event associated with the Judicial Dialogue in Uganda last month included a request for practical ways in which the judiciary could ‘make life easier’ for members of the media who write about the courts. Here are some of the suggestions put to senior judges, and that made for interesting discussion.

Former Rwandan Chief Justice Jean Mutsinzi RIP
Former Rwandan Chief Justice Jean Mutsinzi RIP

Rwanada’s first post-genocide Chief Justice, Jean Mutsinzi, died last week after a short illness. He was 81. Justice Mutsinzi served as Chief Justice in Rwanda between 1995 and 1999, and was later a member of both the Common Market for Eastern and Southern Africa (Comesa) Court of Justice and the African Court on Human and Peoples’ Rights, including a two-year term as president of this court.

Recusal, impartiality feature at conference of Southern African Chief Justices
Recusal, impartiality feature at conference of Southern African Chief Justices

Recusal has increasingly often emerged as an issue sparking controversy in decisions from various regional jurisdictions. So it was appropriate that it became one of the main problems for debate during this year’s conference of the Southern African Chief Justices (SACJ), held in Seychelles. At the AGM of SACJ that followed, Tanzania was chosen as the venue for the 2020 conference.

Zim judge gives stunning human rights decision in transgender case

A member of Zimbabwe’s Supreme Court has just delivered a landmark decision in a case heard while he was still a member of the high court in Bulawayo. It concerns a transgender Zimbabwean subjected to appalling infringements of her constitutional rights at the hands of the police and a high profile member of the ruling ZANU-PF's Youth League. Although she has now been awarded damages by the court, she has already left the country after claiming asylum in the USA on the grounds of Zimbabwe’s shocking treatment of LGBTI people.

Judiciary runs out of words for 'barbaric' gender violence
Judiciary runs out of words for 'barbaric' gender violence

As the international community marks its annual 16 days of activism to end gender-based violence, judges are running out of words to describe the horrific cases of femicide that regularly come before them for trial. A case in point was recently heard by Namibia's high court and concerns the butchery of a woman by the man with whom she had been in a romantic relationship. From the remarks by the judge in this case, it seems the courts are 'exhausted' by the horror they see and struggle to find the right words for the 'barbarism' involved in the cases before them.