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Poaching case victory highlights prosecution challenges

Three judges of Tanzania’s highest court have confirmed conviction and sentence of a Chinese national, Song Lei, after 11 rhino horn were found in a ‘secret chamber’ of his Toyota Hilux. However, the court upheld the acquittal of three other men who were with him at the time. This follows the widely welcomed arrest, trial and initial conviction of all four as well as the tough sentences imposed on them in 2016. Among those most elated by the initial conviction were members of the Lusaka Agreement Task Force (LATF). That task force, from seven countries in the region, had worked with Interpol to bring the four men to trial. Since then, however, two appeals have reduced the success of the LATF operation in relation to the four accused, underlining just how difficult it is to secure convictions in such cases.

Judges critical of Lesotho Parliament's work, punt constitutional changes

Lesotho’s current political bosses – and the country’s economy – have been dealt a new blow. The high court of Lesotho, sitting as a constitutional court, has ruled that plans for dealing with repayment of generous government-guaranteed loans made to two categories of officials, are discriminatory and unconstitutional. Everyone who was given such a loan will now have to be treated in the same way, with the government paying all remaining loans back to the bank, in full. The court also made a strong but unexpected call for constitutional changes that would ‘more meaningfully’ separate the legislature from the executive. The three judges further complained about the escalating number of cases that came before the courts challenging the validity of regulations. It was so bad that the judiciary was justified in feeling sceptical about whether parliament did its work properly in overseeing such regulations, the court said.

Kenyan judge declares Rastafarianism a religion: but what’s its history?

On the very first day at her new school, the confused 15-year-old Kenyan girl was told to go home. She was not to return until her rastas (dreadlocks) were shaved off.

Statute vs Statue: when judges become art critics

Kenya’s constitution says that the currency of that country ‘shall not’ bear the 'portrait' of any individual. So, when new bank notes were issued earlier this year, depicting the Kenyatta International Convention Centre with Kenya’s first president, Jomo Kenyatta, clearly distinguishable, seated alongside the building, the question arose whether the new notes were constitutional. Two of the presiding judges felt they had to solve the legal conundrum by deciding whether the bank notes bore a ‘portrait’ of Kenyatta  - or if it was just a picture of a statue.

Don’t expect judges to do your work for you, counsel told

Ethical and procedural issues have been strongly taken up by Ghana’s Supreme Court in an important and wide-ranging new decision – along with a pronouncement that an offer and acceptance via electronic communication makes for a contract just as valid as if it had been put in writing and signed.

Lesotho's Acting Chief Justice names fellow judges likely biased against her

The Acting Chief Justice of Lesotho, the woman who recently brought a hall full of African judges to their feet with applause as she explained the difficult circumstances under which judges and magistrates in that country operate, is on notice that she is fighting for her professional life. Judge Maseforo Mahase says 'powerful forces' in Lesotho want her impeached. Though three local judges have been appointed to hear the case that will decide whether an impeachment tribunal should be set up to investigate allegations against her, she says the three - plus the entire high court bench of judges - should recuse themselves and that foreign judges should be asked to hear the matter.

Girl power in action at court

Three daughters have gone to court to fight for their right to inherit from their father. This, after their brothers had divided the estate among themselves, deliberately withholding from Kenya's high court the fact that the sisters even existed.

Tanzanian lawyers in uproar after judge suspends their immediate past president from practice  

When prominent Tanzanian legal counsel, Fatma Karume, argued a recent case in the high court of Tanzania, she could not have anticipated the full outcome. Sure, she lost the case, but this is something all lawyers must assume may happen at any time and in any case. But how could she have known she would also raise the anger of her court opponents and the presiding judge? Citing argument by opposing counsel that her argument had been rude and 'inappropriate', the judge decided to suspend Karume from practice, and ordered the registrar of the high court to refer a ‘professional misconduct matter’ to the advocate’s disciplinary committee.

Judge & applicant instructed same legal counsel: grounds for recusal?

In this most unusual set of circumstances, a Namibian acting judge, while still in his permanent post as principal magistrate, needed to bring an insurance claim. His insurance company sent formal instructions to counsel. Now, as acting judge, he has an applicant before him represented by the same counsel. Are these good grounds for the applicant’s recusal application?

Good news - and bad - for African judiciary charged with wrong-doing

For two senior African judges, this is a particularly momentous month. Justice Joseph Wowo of Nigeria, former Chief Justice of Gambia, has been effectively exonerated by a regional court after his humiliating treatment at the hands of the courts in Gambia and his dismissal by the then-President, Yahya Jammeh. Justice Wowo has also been awarded significant damages for the way he was treated. But though his trials and tribulations may now be over, serious trouble is only just starting for a member of Kenya’s Supreme Court, Justice Jackton B. Ojwang’. Chief Justice David Maraga is reported to have written to President Uhuru Kenyatta, recommending that a special tribunal be established to consider the impeachment of his suspended colleague, Justice Ojwang’.