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Insights into commercial contracting from South Africa’s informal sector

What happens when African societal norms meet modern commercial practice? From boardrooms in Sandton to the cultural mash-up and the  “popular economy”  of a South African township, African business people of different ethnicities and world views are contracting on a daily basis. Is there anything peculiarly “African” about this process, or are all business people the conventional profit-maximising individuals of  free market economic theory ? The answer here informs the related policy question as to whether South Africa needs to develop a dedicated indigenous law of contract.

‘Cautionary rule’ victory for sexual assault victims

A dissenting judgment discusses the law on corroboration’ in sexual assault cases in Uganda.  The result is a landmark ruling for girls and women considering whether to lay charges against their attackers in cases of sexual assault. And it’s also crucial in the development of a jurisprudence that no longer discriminates against women. None of her colleagues objected to her separate judgment: clearly, they found it legally sound. But you have to wonder why they did not regard her contribution as an essential element of the main judgment – and what the impact would have been if all five members had signed it.

Corruption-busting strategy tested in Kenya court

CONSTITUTIONAL limits on how to deal with corruption – said to be Kenya’s Public Enemy Number One – have been taxing Nairobi judge, Byram Ongaya, after local activist Okiya Omtatah Okoiti challenged new moves to vet public servants.

Judges stress "sanctity" of constitution as tension mounts over rule of law

AT 814 pages, this critically important constitutional court decision was never going to be easy to digest. Five judges, headed by the deputy chief justice, Alfonse Chigamoy Owiny-Dollo, contributed to its length and they all had a lot to say.

Lesotho: Authorities must ensure the Independence of the Judiciary and Reopen the Court of Appeal
Ugandan judge slashes “ridiculously” high legal costs in public interest case

AS African jurisdictions embrace powerful, forward-looking constitutions and the possibility of litigation to protect rights, one question will inevitably arise: how should a court manage the question of legal costs in such litigation? An important new decision from the constitutional court of Uganda lays down clear guidelines. Carmel Rickard writes that the dispute over legal costs in this case followed a high-profile challenge to parliament’s decision that corruption allegations against leading members of government should be investigated.

Victory for asylum seekers in Constitutional Court

The Constitutional Court has ruled that asylum seekers’ temporary permits must automatically be extended while their case is being reviewed.

Kenya's new cybercrime law opens the door to privacy violations, censorship

A new act is trying to lock down cyber crime in Kenya.

ZIMBABWEAN IMMIGRANT BRINGS ABOUT LEGAL CHANGE IN THE UK

AFRICANS abroad sometimes make legal headlines – and even new law – while they are away from home. Carmel Rickard writes about a Zimbabwean in the UK whose landmark cases shows that judges may have to remind officials that the law is about nothing if not the truth.

Ugandan Judge Sues Attorney-General

IN the struggle to ensure judicial independence judges sometimes have to take extraordinary steps. Over the last six months however none can have been more unusual than the litigation by Ugandan high court judge Joseph Murangira, which saw the judge suing Uganda’s attorney-general.