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Convicted of genocide, former Rwandan cabinet minister loses last attempt to stay out of jail
Convicted of genocide, former Rwandan cabinet minister loses last attempt to stay out of jail

It has been a busy couple of months for one of the lesser-known – but critically important – courts in Arusha, Tanzania. Arusha houses a number of significant judicial bodies apart from the African Court of Human and Peoples’ Rights. Among these is a United Nations tribunal: the International Residual Mechanism for Criminal Tribunals, Rwanda (IR-MCT). In a momentous ongoing case, a former Rwandan minister of planning, Augustin Ngirabatware, already convicted on several genocide-related charges, asked that the IR-MCT appeal chamber consider his claim that he had acquired sensational new evidence. This evidence was that four key witnesses who testified against him had recanted and now claimed they had not told the truth during his trial. At special hearings in September and October, the IR-MCT in Arusha considered Ngirabatware’s claims and related matters. The outcome, however, did him no good at all.

Kenya's Chief Justice shines YouTube light on tension with government
Kenya's Chief Justice shines YouTube light on tension with government

Tension is high between the judiciary and the government in a number of African countries at the moment. But so far only one – Kenya – has seen the Chief Justice come out with a full public statement exploring these problems. The statement, read by CJ David Maraga to a number of media houses, has been added toYouTube, and can now be accessed by anyone interested in the situation. Most of the CJ’s complaints related to the massive cuts to the budget of the judiciary and the impact of those cuts. He also pointed out the contemptuous ways in which he and other judges were treated by the government.

Widow's rights upheld in customary law dispute

Customary law, at its best, is said to ensure that orphans and widows are cared for. But this is not always the case. That, at least, has been the experience of an elderly widow in Eswatini. Though she married into a royal household, when her husband died her circumstances became dire. She found her brother-in-law had his eye on her late husband’s property and he would not even allow her to construct a new outside toilet for her homestead. Now, however, three judges of Eswatini’s supreme court have granted her an interim interdict against her brother-in-law. Pending the resolution of their dispute by the traditional authorities, the brother-in-law must allow her to build the toilet and must restore possession of a field she was given on her marriage. He must also re-fence the field after he had his staff tear down the barbed wire fence that she was installing to protect herself.

Copyright & A2K Issues - 31 October 2019

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)

No more child brides says Tanzania's highest court
No more child brides says Tanzania's highest court

Children’s rights and the rights of girls in particular took a major step forward in Tanzania this week: The Court of Appeal has delivered a judgment upholding a 2016 landmark high court decision holding that neither girls and boys may marry before 18. The appeal court also agreed that provisions to the contrary in the Law of Marriage Act were unconstitutional. It is a particularly important step for the courts as the number of child brides in Tanzania is among the highest in the world.

Cabinet Minister ignored 'God-given blessing' - Lesotho court
Cabinet Minister ignored 'God-given blessing' - Lesotho court

The Lesotho courts, already embroiled in a scandal-ridden series of cases involving the Acting Chief Justice, the Prime Minister and others, have now had to intervene in what has been held to be the unlawful action of the Minister of Local Government and Chieftainship. At the end of July,  Litsoane Litsoane disbanded the Maseru City Council’s tender board, citing certain ‘irregularities’. But Judge Molefi Makara has now set aside the decision because the tender board members, including Maseru’s mayor and her deputy, had not been given a chance to put their views on the issue. The judge described this as ‘disregarding the God-given blessing upon (all) mankind that a person should be heard before any adverse decision is taken.’ This dispute, and the action involving the ACJ, come as the judiciary struggles with a widespread perception that certain politicians feel entitled to have judges ‘on their side’ in the decisions they make.

Don’t like a court judgment? Just change the law, why don’t you?
Don’t like a court judgment? Just change the law, why don’t you?

Everyone who attended the Jifa training course on environmental law earlier this year will remember Judge Brian Preston. Chief judge of the New South Wales land and environment court, he had remarkable insights into the subject of environmental law and the role of the courts in making environmental rights real. But now the NSW government is taking on a major decision he gave earlier this year in which he cited climate change, among other issues, for turning down a planned coal mine. In reaction, the NSW government has decided to introduce a new law saying that greenhouse gas emissions can’t be considered by the courts in deciding whether to approve mines.

Zambia's human rights defender, Laura Miti, awarded Scottish university fellowship

Long-time Zambian human rights defender, Laura Miti, has joined a Russian human rights activist, Konstantin Baranov, for a three-month fellowship at the University of Dundee. It's intended to give fellows a break from constant work at the forefront of human rights struggles. Instead, they take time-out for research, reflection on what they have been doing and interaction with students and staff of the university as well as government officials and members of Scottish civil society.

Copyright & A2K Issues - 21 October 2019

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)

All three top posts in Zambia’s judiciary held by women – Chief Justice Irene Mambilima
All three top posts in Zambia’s judiciary held by women – Chief Justice Irene Mambilima

As many African states struggle to increase the number of women on the bench and in leadership positions, one country in particular can boast of the substantial progress it has made in this area. Zambia’s Chief Justice Irene Mambilima spoke about the issue in a speech she delivered last week. She disclosed that all of the three top judicial posts are now held by women.