Latest Articles

All years
Unhelpful assessors throw life-line for murder convict

THE courts in Tanzania still interpret the law to mean that the death penalty is mandatory in the case of murder, but it is decades since last anyone was hanged. As the numbers on death row increase, judges in those courts remain scrupulous in ensuring that all the elements of a fair trial are observed in cases potentially involving capital punishment. Take the case of Hilda Innocent, convicted of murdering her husband. Tanzania’s highest court found certain safety nets had not been put in place during her trial – the assessors, who were appointed to assist the judge in her case, had not participated properly. As a result the trial was nullified and a new trial must now take place. This story was first published in Legalbrief *

Copyright & A2K Issues - 4 October 2018

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)

Challenging sentencing considerations in Malawi's cashgate scandal

Depending on the sources you consult, Malawi’s infamous Cashgate corruption scandal involved between MWK236 billion and MWK577 billion of public funds. This wholesale looting of government money was made possible by loopholes in state financial systems, exploited by a wide range of people over a number of years. While trials are continuing, the most recent accused to be sentenced was a former top official in the ministry of tourism, Leonard Karonga. Carmel Rickard takes a look at some of the difficult challenges faced by the court in deciding his punishment.

Lesotho: Independence of the Judiciary in Peril
Lesotho: Independence of the Judiciary in Peril

FOR the second time this year, the political authorities in Lesotho are involved in major litigation that threatens the independence of the judiciary. As Carmel Rickard writes, the latest shock is the government’s determined efforts to get rid of Lesotho’s first woman chief justice, Nthomeng Majara.

Lone judicial voice in runup to Zimbabwe's elections

In Zimbabwe elections on 30 July were followed by violence in which soldiers opened fire on people protesting against what they claimed were “rigged” election results, killing at least six people.  During the months before the elections, however, many court applications tried to ensure broader democracy and a more transparent election process – almost all without success. Read here about the solitary exception in which a judge ordered the ruling party to stop misusing schools and school children for party rallies, only to be overturned on appeal.

Namibia: Bending a little bit backwards

LAY litigant Ronald Somaeb was in over his head when he attacked the right of any Namibian judge to hear the case in which he was suing the chief justice: all judges would be thinking “about (their) boss, the chief justice” and would be biased in favour of the CJ, he said. Somaeb's efforts came to nothing, however, and his case has been dismissed as vexatious and frivolous.

No “rationale” or “justification” for Kenya’s travel ban on academics - court

A CONTROVERSIAL ban on Kenyan public servants leaving the country without presidential permission has been dealt a resounding blow: the constitutional division of the high court says that the extension of that ban to academics is null and void. The court found that the ban as it applied to academics was neither reasonable nor justifiable in an open and democratic society. The ban, issued shortly after the supreme court found the August 2017 elections were invalid, led to widespread criticism. Though initially issued to stop any public servant leaving Kenya without permission, a letter from the ministry of education later stressed that the ban also applied to all academics in public institutions who had to “seek clearance from the President” before leaving Kenya.

Court gives community right to fish without permit

Can a local community governed by a system of customary law fish in a marine protected area without a permit? In a landmark decision , the Supreme Court of Appeal (SCA) has said it can. The decision is a victory for people living in the Dwesa-Cwebe Nature Reserve in the Eastern Cape who rely on fishing.

"Passing the baton" for judicial discipline in Seychelles
"Passing the baton" for judicial discipline in Seychelles

JUST weeks after a top level judicial delegation visited Seychelles and offered help in resolving the conflict gripping the islands’ judiciary, there comes a significant new development: the constitutional court of Seychelles has dismissed the latest appeal of the suspended judge who is at the heart of the ongoing, tense situation.

Summary of the key decisions and declarations of the 31st African Union Summit

Following the conclusion of the 31st AU Summit held in Nouakchott, Mauritania from the 25th of June to 2nd July 2018, the key activities, decisions and declarations of the Summit are provided below.