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Champion of Ugandan judicial independence dies
Champion of Ugandan judicial independence dies

A champion of judicial integrity and independence in Uganda, retired Supreme Court justice, Wilson Nattubu Tsekooko, has died. He was 76.

15 y.o. jailed for life. Now African Court orders reparations for 'lost youth'
15 y.o. jailed for life. Now African Court orders reparations for 'lost youth'

Two cases involving convictions and heavy sentences for rape have been heard by the African Court on Human and Peoples’ Rights. Both cases originate in Tanzania and both show that legal rights of the accused were not observed by the state. In one, the accused was not given free legal representation though he faced a mandatory 30 years behind bars. In the other, an appeal was filed three days after sentence, but it took almost 16 years before the authorities provided the records needed for the appeal.

Tanzania's court of appeal overturns decision that found parts of electoral law invalid
Tanzania's court of appeal overturns decision that found parts of electoral law invalid

A landmark High Court judgment on Tanzania’s electoral law has just been set aside by five judges of the country’s Court of Appeal. At stake was a provision that allowed officials appointed by the President to become returning officers, acting on behalf of the electoral agency, during elections. Earlier this year, three High Court judges found the provision unconstitutional, saying it infringed the independence of the National Electoral Commission, the body intended to oversee elections in an impartial manner. Now the Court of Appeal has overturned the original decision, saying there are enough safety measures in place to make sure that the officers act with independence.

Copyright & A2K Issues - 15 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)

Lesotho Constitutional Court Repeals Criminal Defamation and Reaffirms Freedom of the Press

FREEDOM of the press and other media, as well as the safety of journalists, were all given a boost this week with a major new decision by Lesotho’s constitutional court. Three judges sitting in the high court’s constitutional division – Moroke Mokhesi, ‘Maseforo Mahase and Teboho Moiloa – have found that criminal defamation, long used as a threat against journalists and the media, is unconstitutional. This decision adds Lesotho to the growing list of African jurisdictions where criminal defamation has been repealed.

We can’t change death penalty - Tanzanian high court
We can’t change death penalty - Tanzanian high court

A full bench of three high court judges has re-affirmed that the mandatory death penalty in Tanzania is constitutionally valid. No new factors had been given to the court to indicate that anything had changed since the last time the issue was considered by the judiciary, said the judges, so they could not vary the previous decisions or rehear the issue ‘on the same facts’. But, they said, the issue could be taken to the highest court via review if the petitioners felt strongly about the matter.

Thai judge shoots himself in court: protest at ‘political interference’
Thai judge shoots himself in court: protest at ‘political interference’

When Thai judge Khanakorn Pianchana reached the end of the judgment in a case he had been hearing, he read out a statement. He next walked from the bench to bow before a portrait of Thai King, Maha Vajiralongkorn. Then he took a pistol from his pocket and shot himself. He was immediately rushed to hospital where he is now reported as out of danger. But what caused the judge to take such dramatic and potentially fatal action?

Witchcraft trial adds 7 more to Tanzania's death row
Witchcraft trial adds 7 more to Tanzania's death row

A recent witchcraft trial in Tanzania has led to a further seven people being added to the well over 500 convicts believed to be on death row. The case illustrates the difficult position in which Tanzanian courts find themselves: the death penalty is still applicable to murder and a few other serious offences and just three months ago the high court declared it was unable to change the law in relation to the death penalty. This despite the country’s president, John Magufuli, declaring that he would be unable to sign the documents required for anyone to be actually executed. He would find it just too difficult to do so, he said. So, while capital punishment has not been carried out for the last 25 years, the courts continue to pass the death penalty, and the numbers of condemned prisoners continues to grow.

Both Lesotho's top judges facing suspension
Both Lesotho's top judges facing suspension

Lesotho continues to prove itself highly unstable in relation to the judiciary and its tenure of office. More threats of suspension, inquiries related to impeachment and other disciplinary steps against top judges have been issued in Lesotho than in any other country in the region. This week, new action was launched against the Acting Chief Justice as well as against the President of the Court of Appeal (for the second time in two months this year, and following a successful impeachment process in 2016 from which he bounced back). All this while the Chief Justice continues in a state of limbo following her suspension a year ago on grounds widely suspected to relate to politics.

Recognition of customary Marriages Amendment Bill, 2019
Recognition of customary Marriages Amendment Bill, 2019

The South African government is amending the law concerning customary marriages to bring it in line with constitutional jurisprudence. On 24 July 2019, Cabinet approved the submission of the  Recognition of Customary Marriages Amendment Bill of 2019  to Parliament.  The Bill is currently under consideration by the National Assembly. Fasken candidate attorney Mr. Selby Mathebula writes about these changes.