Latest Articles

All years
Top judge pleads for protection of judicial officers
Top judge pleads for protection of judicial officers

The safety of judicial officers was a recurring theme during the conference of the International Association of Judicial Officers' Africa region. These dangers - even in court - were starkly illustrated just as the conference was ending: a fight broke out between members of rival gangs in the corridors of the Johannesburg magistrates court. Members of the public tried to hide or run away, and eye-witnesses said only the quick intervention of police prevented serious injury. In his welcome speech at the opening dinner of the conference, the Judge President of the Western Cape, host province of the event, raised the safety issue for what would be the first - though not the last - time during the five-day event.

"Timorous" judges vs "bold spirits"
"Timorous" judges vs "bold spirits"

The positive role that judges could play in Africa has been hampered by the increasing politicization of the judiciary, judicial corruption, lack of resources and judicial conservatism, according to Professor Charles Fombad of the Institute for International and Comparative Law in Africa at the University of Pretoria. In a challenging address to the International Association of Judges’ Africa region conference in Cape Town, Fombad urged judges to take note that if these issues were not properly dealt with, the “reverse winds” of authoritarianism and the decline of good governance and constitutionalism, caused by politicians clinging to power, might prevail.

Standing ovation after acting Chief Justice tells of her judiciary's plight
Standing ovation after acting Chief Justice tells of her judiciary's plight

One of the most crucial sessions of the conference called by the International Association of Judges' Africa region dealt with reports by the countries represented at the event. This provided an opportunity for all delegates, and top officials of the International Association of Judges who attended the conference, to hear the particular challenges faced by judiciary and the justice system of each country. Several outlined serious difficulties, but the plight of the judiciary in Lesotho touched delegates particularly deeply, and had people talking right to the end of the five-day gathering.

Judicial officers urged to join associations
Judicial officers urged to join associations

One of the strong themes of the International Association of Judicial Officers' Africa region conference was that judicial officers should join professional associations. This call came after decades in which judicial leaders have strongly advised against such associations, and at a time when they are still regarded with some suspicion in top judicial circles. Throughout the conference, speakers stressed the importance of such associations for judicial officers, not just in relation to conditions of employment, but also in helping maintain the rule of law.

Magistrates are judicial officers, not civil servants - Joasa
Magistrates are judicial officers, not civil servants - Joasa

The proper place of magistrates within a constitutional state came under the spotlight again at the closing ceremonies of the International Association of Judges’ African region conference, held in Cape Town. It had been a recurring theme throughout the conference, with delegates from a number of countries complaining that magistrates were often treated as civil servants, and their judicial independence ignored or undermined by government.

Bucking regional trend, Zim court gives go-ahead to sue for adultery
Bucking regional trend, Zim court gives go-ahead to sue for adultery

Flaring political passions in the region continue to make news headlines, but the courts have been hearing about other kinds of passion as well. While Zimbabwe is alight with raging political conflict, and while citizens die at the hands of the police and security forces, the judiciary has been dealing with the burning issues of sex, adultery and maintaining the country’s “moral standards”. In a recent decision, the high court in Harare has held that a damages claim for adultery may go ahead. Judge Alfas Chitakunye decided a special plea by the woman with whom the husband in the case allegedly had an affair. While the woman claimed that for a number of legal reasons the court should not hear the matter, Judge Chitakunye said that public views and “the community’s general sense of justice” would not permit doing away with the delictual claim for adultery. In Swaziland, meanwhile, a magistrate and a court president have made headlines about their private lives. In a sensational case one accused the other of having an affair with his wife. After a child, now 15, was born of the affair, the matter was dealt with in the traditional way, with the royal kraal fining the offending man seven cattle.

Courts get wise to Big Tobacco strategies
Courts get wise to Big Tobacco strategies

Africa’s courts are getting wise to the strategy of Big Tobacco in trying to fight off strict control over issues such as the size of health warnings on packaging. Uganda’s Constitutional Court has just dismissed a major attack brought by British American Tobacco (BAT) on laws that increase the size of health warnings, impose tough restrictions on where smoking is lawful, and hold tobacco company officials personally responsible when certain sections of the law are infringed. In its judgment, the court referred to a report on how such companies fight tobacco control, and the list of strategies included many that were in evidence in this case. Dismissing the petition, the court said it was “part of a global strategy” by BAT and its tobacco-selling peers to undermine laws in order to increase profits despite the risk of tobacco to the health of the “human population”.

It's not just sex: sexual orientation discrimination no longer allowed by Botswana’s constitution
It's not just sex: sexual orientation discrimination no longer allowed by Botswana’s constitution

Botswana has become the latest African country to decriminalize sexual relations between same-sex male couples, a particularly sweet victory after last month’s flat rejection of a similar application by Kenya’s constitutional court. What makes the decision from the court in Botswana even more significant is that the judges have effectively included sexual orientation as a ground on which discrimination in that country is now unconstitutional.

Dame Linda Dobbs and the Russian connection

Judges who have been part of the training offered by the Judicial Institute for Africa (Jifa), will have been fortunate enough to meet Dame Linda Dobbs, Jifa's head of training. But few will know much more about her: though Dame Linda is outgoing and extremely helpful with her advice, she is not given to talking about herself. However, she is profiled in a recent edition of Counsel Magazine, the monthly journal of the Bar of England and Wales. And from the discussion between Dame Linda and her interviewer, barrister and diversity champion Desiree Artesi, readers will see that the UK suffers many of the same problems as certain African countries when it comes to diversity and the promotion of women to judicial office.

Botswana: Criminalisation of Consensual Gay Sex is Unconstitutional

The High Court of Botswana has ruled that a ban on consensual gay sex is unconstitutional.  Read the full judgment below, which is reproduced here until such time as BotswanaLII is established.  The PDF of the judgment may be downloaded here .