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Army officers keep their 10 parliamentary seats in Uganda
Army officers keep their 10 parliamentary seats in Uganda

Over the last few months Uganda’s courts have delivered a series of decisions that extended democratic practices. Judges have declared restrictive legislation unconstitutional and ordered compensation for a detainee killed by police. No wonder some observers hoped that the constitutional court would rule in favour of an application to find army representation in parliament unconstitutional. No fewer than 10 parliamentary seats are reserved for ‘serving officers’ chosen by the Army Council, headed by President Yoweri Museveni. A human rights organization challenged the continuation of this practice, but last week the constitutional court turned down the application.

Top Malawi officials face jail after contempt of court finding
Top Malawi officials face jail after contempt of court finding

Two top government officials will be sentenced on 5 August 2019 for disobeying an order of Malawi’s Supreme Court. They had been told by the highest court to apologise to the nation for their role in the ‘Tractorgate’ scandal that has gripped the country – but they failed to do so. Now the high court has called this a ‘mockery of justice’ and found them guilty of contempt of court.

Who won this battle of judge vs judges in Seychelles?
Who won this battle of judge vs judges in Seychelles?

For the last four years, the Seychelles judiciary has suffered division and disruption over the behaviour of a senior member of the bench, Durai Karunakaran. Recommended for dismissal by a tribunal that inquired into his behaviour, he resigned in March 2019, forestalling any action against him by the country’s President. But before he left, he had launched an appeal against one of the many court decisions against him. The outcome of newly released decision, likely to be the last in a very long series of cases under his name, is however not completely clear.

Copyright & A2K Issues - 30 July 2019 (Part 1)

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)

Copyright & A2K Issues - 30 July 2019 (Part 2)

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)

Malawi's national broadcaster refused permission for "live" coverage of major trial: here's why
Malawi's national broadcaster refused permission for "live" coverage of major trial: here's why

Malawi's high court judge Zione Jane Veronica Ntaba is no stranger to controversy. Among her decisions she found her country's Chief Justice, Andrew Nyirenda and the whole of the Malawi Judicial Service Commission had acted irregularly, illegally and unconstitutionally. Now she has made another noteworthy decision, turning down a request to have the second half of a potentially sensational trial broadcast by the Malawi Broadcasting Corporation. Here’s the background – and her reasons.

Landmark defamation ruling clarifies standard for media
Landmark defamation ruling clarifies standard for media

A Zambian TV journalist has won his defamation case against his own bosses, 10 years after the station carried repeated broadcasts showing his arrest outside the studio for allegedly raping a teenager. The judgment by the country’s highest court gives legal finality to the matter, but also provided an opportunity for the court to re-state the standards by which it will consider a defence against defamation. The case involved a young girl, who claimed she desperately needed overnight accommodation. The journalist offered her space for the night, but the next day she told the station bosses that he had raped her. Without calling him in to ask his side of the story, officials contacted the police and stage-managed his arrest on camera. The court also heard that the girl was taken for a medical examination by another journalist but though the results could have been obtained, the TV station either did not do so, or knew the results – showing the girl had not been raped – and did not mention this in its report on the arrest.

Abortion conundrum for court
Abortion conundrum for court

Imagine you are an appeal judge in a country that permits abortion under certain conditions. One day, you hear the case of a young woman unable to give consent to a termination due to her permanent mental disability and behavioural problems. Doctors who assessed her were unanimous that an abortion would be in her best interests. Her adoptive mother however was strongly against the idea. The judge in the high court declared that the young woman lacked legal capacity to consent to an abortion, but that it would be lawful and in her best interests for doctors to terminate the pregnancy. As an appeal court judge, what would you say?

Dispute between top judges and political leaders in Lesotho hots up
Dispute between top judges and political leaders in Lesotho hots up

The ongoing drama involving open conflict between political and judicial leaders in Lesotho continued this week and there is no sign that anyone is about to relent. Three potentially explosive challenges have been brought to court over the last few days, one of them a late-night urgent application. Two are for appeal while one is to be heard in the high court. All of them involve the judiciary probing highly sensitive political and judicial issues and raise questions of judicial independence. And in the meantime, a court of appeal judgment that has now been reported, throws more light on the dispute between Lesotho’s beleaguered Prime Minister, Tom Thabane, and the president of the court of appeal, Kanenelo Mosito.

Human trafficking reports show sub-Saharan Africa a global player
Human trafficking reports show sub-Saharan Africa a global player

The UN has just released its latest reports on human trafficking around the world. It shows that while most African countries now have proper laws in place, some countries do not use these laws and report no investigations and no prosecutions. One study quoted by the UN report estimated that 357 million children lived in conflict areas in 2016. Every one of them would have been at risk of exploitation by armed groups or other traffickers.