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Being stateless is ‘not merely a state of mind, or a choice’ – judge
Being stateless is ‘not merely a state of mind, or a choice’ – judge

Some readers might wonder how statelessness is viewed by courts in other parts of the world. For them, the recent Canadian case of Davood Helalifar v Minister of Citizenship and Immigration will be an eye-opener. Helalifar’s application for permanent residence was refused by a senior official and so Helalifar approached the federal courts asking for judicial review of that decision. Helalifar, who has had several criminal convictions since arriving in Canada, is originally from Iran. With all that was counting against him, what weight would the federal court put on Helalifar’s statelessness?

When women can’t confer nationality on their children equally with men, problems of statelessness grow – UNHCR
When women can’t confer nationality on their children equally with men, problems of statelessness grow – UNHCR

As the world’s states consider how to reduce the plague of statelessness, nationality laws come increasingly under the microscope. That’s because if a child can only take on the nationality of their father, and the father is unknown or dies or disappears before a child is officially registered as his, then the child could well be doomed to a life without nationality or citizenship. Thus, ensuring that there is equality between women and men when it comes to conferring nationality on children, would help greatly in reducing statelessness around the world. The UN High Commission for Refugees keeps a careful watch on developments towards equality in this important, but often forgotten, area in the struggle to eradicate statelessness. Among its other findings, this year’s report notes that the nationality laws in several African countries do not provide mothers equal rights with fathers to confer their nationality on their children.

Crucial high court statelessness case tests route out of legal limbo
Crucial high court statelessness case tests route out of legal limbo

A young man, stateless and unable to access even the basic rights that go with citizenship, has brought what could be a precedent-setting case in the high court of South Africa. The young man, who knows nothing of his father, and whose mother died when he was very young, wants the court to order that he be granted citizenship of SA, either by birth or through naturalisation. He has also urged the court to order that the relevant government department must establish regulations, as the law clearly says it must, providing a route for people in his position to acquire citizenship.

Strengthening civil registration legislation for the prevention of statelessness
Strengthening civil registration legislation for the prevention of statelessness

States must include safeguards to prevent statelessness in their civil registration laws and align registration procedures with their citizenship laws. Here, birth registration specialist Anette Bayer Forsingdal takes a brief look at the status of civil registration laws in Southern Africa and outlines some regional challenges in ensuring universal birth registration.

Steep damages against Kenyan media house as five advocates win defamation awards
Steep damages against Kenyan media house as five advocates win defamation awards

A Kenyan media company has been punished by a series of high court judgments ordering that it pay what amounts in total to more than US$535 000 in damages for defamation against a group of senior advocates. The awards followed reporting by the company’s titles on the involvement of the lawyers in some high profile cases. The lawyers claimed, among other problems, that the articles were misleading and insinuated that they had obtained briefs improperly. One complaint, heard as a test case, was decided first, in 2020. The judge in that matter held that the advocates had indeed been defamed and should be awarded damages. Now a group of judgments in relation to the other defamed lawyers has been delivered, and the total damages’ payout so far ordered by the courts has shot up to Kshs 64,800,000, plus interest and costs.

Serious court efforts brought to hold public officers, top members of the Zim government administration to account, curb corruption
Serious court efforts brought to hold public officers, top members of the Zim government administration to account, curb corruption

Zimbabwe’s 2013 constitution requires a law to be passed to deal with accountability and transparency among public officers as well as top members of government. But virtually 10 years since the constitution was enacted, there is still no such law. Now, efforts are being made through the courts to ensure that something is, at last, done about this fundamental constitutional requirement.

Judge says law on witchcraft reflects ‘western’ norms, not those of Eswatini. Supreme court disagrees
Judge says law on witchcraft reflects ‘western’ norms, not those of Eswatini. Supreme court disagrees

A potentially divisive judicial dispute over witchcraft in Eswatini has been nipped in the bud by that country’s supreme court. The debate emerged when a high court judge, presiding in a witchcraft-related murder trial, questioned whether the present legally accepted position that witchcraft is unreasonable and irrational, reflected ‘western’ views rather than the norms of the people of Eswatini. The judge then referred a question to the country’s highest court asking if the time hadn’t come to change the way the matter is handled. Instead of belief in witchcraft being a possible extenuating circumstance after conviction, should it not provide a ‘complete defence’ to a witchcraft-related murder? (Exactly what he meant by this was not spelled out, but it seems he was suggesting that the accused would then be acquitted.) Now three supreme court judges have given their answer: there is no legal basis to change the current precedent, they said. The three judges said that though many in Eswatini practised and believed in witchcraft, murder remained a very serious crime.

Free speech restrictions stressed by Eswatini’s election body make 2023 polls a ‘sham’
Free speech restrictions stressed by Eswatini’s election body make 2023 polls a ‘sham’

Eswatini’s election body has been challenged over recent comments by its chairperson that are seen as threatening free expression, the right to self-determination – and as even making upcoming polls a ‘sham’.

Safeguarding wildlife can mean danger, sometimes death, for local communities – and seeking compensation can prove difficult
Safeguarding wildlife can mean danger, sometimes death, for local communities – and seeking compensation can prove difficult

Kenya’s national environment tribunals have been busy dealing with families suffering the effects of living close to wildlife. A series of recent decisions make clear how complicated it has become to manage human settlements that intersect with land on which wild creatures are also at home.

Namibian judge calls out police, army, impunity for assaults on the public
Namibian judge calls out police, army, impunity for assaults on the public

The Namibian police – long criticised for arbitrary brutality towards members of the public – have come in for some strong rebukes in a new decision by the high court. Dealing with the damages claim of a woman who was assaulted in an incident where she merely came out of her home to see the cause of a commotion, the court has slammed an ‘intolerable’ situation involving ‘prevalent’ assaults by police and members of the defence force on members of the public in Namibia. The court also questioned why the individual perpetrators were allowed to ‘disappear into the undergrowth’ instead of being held accountable for their actions.

In strong judgment, judge refuses 'sensitive' recusal application
In strong judgment, judge refuses 'sensitive' recusal application

A major new decision from Malawi’s high court on the vexed question of judicial recusal has laid down the law on the subject. It included strong words against the Anti-Corruption Bureau’s legal strategy – bringing a recusal application based on no arguments at all, but only a suggestion that the matter surrounding the appeal application was ‘too sensitive’ even to give reasons. Judge Kenyatta Nyirenda, who wrote the decision, also spoke more widely and slammed dissatisfied litigants who threaten ‘physical violence’ against judges or ‘resort to dastardly and primitive schemes of staging road accidents’ intended to cause judges grievous harm, or even to ‘assassinate’ them.

Former minister refused bail pending appeal after conviction, sentence, over theft of laptops destined for poor schools
Former minister refused bail pending appeal after conviction, sentence, over theft of laptops destined for poor schools

A new judgment from the high court in Zimbabwe shows the country struggling with corruption, even at the highest level. But it also highlights a loophole in the law that has seen many people, once convicted and sentenced, apply for bail pending appeal, only to disappear and never hand themselves over, if they lose on appeal.

Ugandan forest dwellers still struggling for compensation, 21 years later, after being forcefully evicted from land given them by Idi Amin
Ugandan forest dwellers still struggling for compensation, 21 years later, after being forcefully evicted from land given them by Idi Amin

The spectre of Uganda’s former president, Idi Amin, hangs over a case involving 2500 forest dwellers who are in continuing dispute over compensation for their eviction from forest land. They have been trying to get satisfaction from the courts since 2001, so far without success, even though the high court made a significant compensation award in 2019. Now the appeal court has refused the attorney general’s application to be allowed to introduce new evidence for the appeal due to be heard against the high court’s order. Turning down the application, the appeal court said it was clear that the AG wanted to use the application to put up evidence which ought to have been produced before the high court, but which wasn’t brought to that court, despite the AG being given ample time and opportunity to do so. One of the noteworthy features of the case is that the validity of the claim hangs at least partly on whether Amin granted the villagers the land from which they were later evicted.

Congolese woman convicted and sentenced for smuggling immigrants into Namibia
Congolese woman convicted and sentenced for smuggling immigrants into Namibia

A former refugee from Congo has been found guilty on three charges relating to smuggling immigrants into Namibia. Abigail Bashala, who gave the court a list of illnesses with which she is afflicted as part of her evidence in mitigation, took money from desperate people to help them get into Namibia and to travel to Canada, though the flights to Canada never materialised. The court found she was part of a syndicate that preyed on people desperate to escape from war and start a new life.

Convictions overturned after 'merciless' torture finding by Ugandan high court
Convictions overturned after 'merciless' torture finding by Ugandan high court

Elements of the Ugandan state have been found by the high court’s anti-corruption division to have been responsible for brutal torture aimed at extracting confessions from two employees of the Uganda Revenue Authority. Judge Lawrence Gidudu, head of the country’s anti-corruption court, awarded compensation and punitive damages for the torture, but also asked some questions about the handling of the two tortured detainees that the authorities will find uncomfortable and difficult to answer. The judge further ruled that the conviction of the two men be set aside on the basis that no conviction may result in a case where torture has been used to extract a confession.

State of emergency can't be used to resurrect legislative corpses - Lesotho's high court
State of emergency can't be used to resurrect legislative corpses - Lesotho's high court

Lesotho’s political leaders have been given a firm message by that country’s high court: don’t try to use state of emergency powers in a sleight of hand to pass legislation that wasn’t finalised during Parliament’s normal sessions.

Activist for women’s rights called ‘violent’ because she used local word for vagina on protest placard
Activist for women’s rights called ‘violent’ because she used local word for vagina on protest placard

A women’s rights activist in Malawi, Beatrice Matweyo, found by the high court to have been wrongly arrested during an anti-gender-based violence protest, has now been slammed for having carried a placard with a slogan including the local word for vagina. Lilongwe’s high court assistant registrar said the use of this word amounted to violence against women, and thus awarded her merely a nominal amount for her claim for punitive damages. Mateyo had claimed damages for false imprisonment and punitive damages as well as compensation for the violation of her constitutional rights. The registrar had the task of assessing the damages she should be awarded.

Non-punishment principle for trafficking victims: here’s how you can help a new research project
Non-punishment principle for trafficking victims: here’s how you can help a new research project

Victims of trafficking are sometimes brought to court themselves, charged with offences they are thought to have committed, even though this may have been in the course of being trafficked. Will you help with research into this problem?

Kenya’s supreme court election petition rules set aside by high court
Kenya’s supreme court election petition rules set aside by high court

Kenya’s supreme court has been given a lesson on observing the separation of powers and not ‘usurping’ the legislative power of parliament. Strangely enough, this lesson has come from the high court which had been asked to consider the constitutional validity of new rules promulgated by the supreme court. The disputed rules effectively prevented litigants, advocates and advocates’ agents from commenting on the merits, or otherwise, of a presidential election challenge from the time the hearing of the matter begins until the decision is given. Though the Chief Justice strongly defended the rules, the high court found they did not pass constitutional muster and has set them aside.

Courses on climate change law, environmental law, open judges’ eyes to the coming storm
Courses on climate change law, environmental law, open judges’ eyes to the coming storm

New awareness of climate change and litigation associated with it, has dramatically changed the perception of over 20 judges who attended a training course on environmental law and climate change law under the auspices of Jifa last month. Almost all of them started out unsure of what climate change law actually is, and doubting whether they would ever be involved in litigation concerning climate change. But after a week’s training with a University of Cape Town expert, including two days intensively focused on climate change, they now have a very different perspective. As the judges put it, ‘Our eyes have been opened; now we have a massive responsibility to implement what we have learnt.’

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