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‘Run for your lives’, judge urges partners in abusive relationships
‘Run for your lives’, judge urges partners in abusive relationships

In a most unusual judgment from Kenya, one that fits perfectly with March marking international women’s month, a judge has found that a woman who killed her husband acted in self-defence after years of violent abuse at his hands. The judge sentenced the woman to prison until the rising of the court and ordered that she should receive counselling to help her recover from the trauma of the long-term abuse inflicted by her husband. Judge Roselyn Aburili also urged members of the public suffering in abusive relationships to leave and ‘find an escape route to safety’.

Dangers of policing Malawi's 'green', off-season fishing ban
Dangers of policing Malawi's 'green', off-season fishing ban

At the heart of this unusual decision by Malawi’s senior magistrates’ court lies a dramatic account of the dangers involved in trying to protect the fragile ecosystem of the country’s fish-rich Lake Chilwa. Apart from ecological concerns the court also speaks with some anxiety about the way police put their members in unnecessary danger by sending them to deal with well-armed, illegal fishing people while hopelessly outnumbered. They were provided with just a paddle boat – against the engine-powered boats used by the fishermen – and were not adequately armed. The police also failed to send reinforcements, even when their members sent desperate pleas for help.

Covid-19 a further set back to fight against child marriage
Covid-19 a further set back to fight against child marriage

Two major new reports have been released by the United Nations, both timed for international women’s month, and both pointing to the dire situation of many young woman around the world.

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Judicial disciplinary body tells Chief Justice to retract, apologise for pro-Israel comments critical of government policy
Judicial disciplinary body tells Chief Justice to retract, apologise for pro-Israel comments critical of government policy

South Africa’s Chief Justice Mogoeng Mogoeng has been told to issue an apology and a retraction for a series of highly controversial comments he made in the middle of last year, criticising Pretoria’s policy on Israel. The decision plus the ‘remedial steps’ of apology and retraction were issued this week by the Judicial Conduct Committee of SA’s Judicial Service Commission. After a mid-2020 interview and subsequent comments defending the views he expressed, several official complaints were made to the JSC. Judge Phineas Mojapelo, newly-retired deputy judge president of the South Gauteng high court, Johannesburg, wrote the decision on behalf of the JCC.

Is 'sting' of saluting former subordinates sufficient punishment, high court asked
Is 'sting' of saluting former subordinates sufficient punishment, high court asked

When a formerly high-ranking Namibian prison official won a high court battle over his salary it was a wake-up call for governments keen to ensure that corruption and other crime is properly punished within the ranks of the civil service. The message is: check your legislation because it might not be as water-tight as you thought. In this case, the assistant commissioner of correctional services pleaded guilty to the theft of a mobile phone at a disciplinary inquiry and was demoted to the rank of senior superintendent as a punishment. When he was informed later that his salary would be reduced to that of senior superintendent, Kahimise challenged the decision. The high court has now found in his favour, saying the law as its stands did not provide for a reduction in salary in such a case and that the demotion in rank – and having to salute officers who previously had to salute him – was punishment enough.

Shock report by Malawi's ombud finds maladministration, corruption behind decision to bring in SA legal team
Shock report by Malawi's ombud finds maladministration, corruption behind decision to bring in SA legal team

In a report handed down with commendable promptness, Malawi’s ombudsperson, Martha Chizuma, has found that the procurement of a team of South African lawyers to handle a crucial election appeal by the then-government of Malawi in 2020, amounted to maladministration and an abuse of power. Her shock report made a number of significant findings on this issue, with orders of tough remedial action – but also dealt with several unexpected additional findings of maladministration that had crept into official government appointment practice.

Court finds award of two Namibian farms, aimed at land reform, tainted by corruption and irregularities
Court finds award of two Namibian farms, aimed at land reform, tainted by corruption and irregularities

An official decision awarding two farms to a business venture that had not even applied to be allotted them, has been set aside by Namibia’s high court. Judge Harold Geier said that the original decision had to be scrapped because one of the decision-makers had not recused himself even though he had an interest in the matter, being a manager of one of the business entities under consideration. It was an offence not to declare one’s interest in such a case, and recuse oneself, and could result in a fine and prison sentence.

Int'l law firm suggests expelling Tanzania from Commonwealth over Covid denialism
Int'l law firm suggests expelling Tanzania from Commonwealth over Covid denialism

As local and international concern grows over the Tanzanian government’s handling of Covid-19, a major international law firm has written to the Commonwealth Secretariat, suggesting that the time had come to consider expelling Tanzania from the Commonwealth. International human rights specialist firm, Amsterdam & Partners, said this was because, due to the policies of its president, John Magufuli, Tanzania was not living up to its undertakings as a member of the Commonwealth. It had committed to fight against communicable disease but was instead endangering the lives of people in Tanzania and other Commonwealth countries. These concerns are shared by others as well and last weekend alone, both Human Rights Watch and the World Health Organisation also raised alarm about the effect of government policies on the health of Tanzanians.

Which set of lawyers has the duty of care when an ‘impersonator’ makes off with the money paid by a would-be buyer?
Which set of lawyers has the duty of care when an ‘impersonator’ makes off with the money paid by a would-be buyer?

Suppose a law firm draws up a land sale agreement between a client ‘well known to them’ and an outside party, and one of its lawyers witnesses the agreement, accompanies the parties to the bank and witnesses the payment of the funds to that same client. If that sale goes bad because the ‘seller’ (the client well known to the firm) was actually only impersonating the seller and previous owner of that land, and has since disappeared with the funds without giving over the land, where does that leave the firm in a negligence claim by the disappointed, not to mention aggrieved, would-be buyer? If the legal firm argued it had ‘no duty of care’ to the would-be buyer, would the court agree?

Lesotho’s Minister of Law and Justice sues over allegations he helped fabricate evidence in murder case against former PM, Thomas Thabane
Lesotho’s Minister of Law and Justice sues over allegations he helped fabricate evidence in murder case against former PM, Thomas Thabane

It has been a very busy few weeks in Lesotho. Included in these developments was a major cabinet reshuffle by Prime Minister Moeketsi Majoro, as well as the launch of new politically-charged court cases. Among the most interesting of these cases is a defamation action brought by the minister of law and justice,  Nqosa Mahao. In a newly-filed case he seeks to challenge a newspaper story that carried allegations against him made by a senior police officer. The allegations were that he, Mahoa, was involved in deliberately trying to ensure that Lesotho’s former Prime Minister, Thomas Thabane, was wrongfully accused of murder.

'Catastrophic' Nigerian oil pollution case may be heard in the UK - Supreme Court
'Catastrophic' Nigerian oil pollution case may be heard in the UK - Supreme Court

Two Nigerian communities, hard hit through the devastation of their environment by oil spills, have won a legal victory in the UK supreme court that could have wide-reaching effects not only on their own situation, but in similar cases in future. The communities have been trying to sue Royal Dutch Shell for alleged negligence in Nigeria that has led to the severe pollution of their traditional lands. Overturning a court of appeal decision, the supreme court judges held that the appeal court was mistaken in finding that a parent company could never incur a duty of care in respect of the activities of a subsidiary, merely because the parent company maintained ‘group-wide policies and guidelines’. Rather, the issue was how far the parent took over or shared management of the dispute activity, with the subsidiary. The most immediate consequence of the judgment is that it will allow the Nigerian claimants to litigate their negligence case in the UK courts.

Judge sets new Malawi benchmark in child rape case
Judge sets new Malawi benchmark in child rape case

Against the background of a sharp and disturbing rise in the rape of children in Malawi (a problem in a number of other jurisdictions as well), a prominent high court judge has delivered a decision setting a new benchmark for sentence and judicial comment in response to such crimes. His important new judgment comes as police in Malawi have released new rape statistics showing that the number of young girls raped (or ‘defiled’ in terms of Malawi’s law) is far higher than the number of adult women raped. Police have speculated that this was due to ‘superstitious beliefs’ that raping a child brought luck or wealth.

Hotel owners refused another ‘bite at the cherry’ by Zambia’s supreme court
Hotel owners refused another ‘bite at the cherry’ by Zambia’s supreme court

The supreme court of Zambia, involved in a dispute about damages following a bizarre defamation, have refused to consider an application brought under the slip rule. The court said the rule was intended to fix minor problems like dates, not allow litigants with a long list of complaints about the original judgment to have a ‘second bite at the cherry’ aimed at attempting to secure a more favourable outcome. The initial dispute was over allegations, carried in the local media, that a prominent political figure had said a hotel should be closed as it was being 'run as a brothel'.

Crisis averted in the Kenyan judiciary – for now at least
Crisis averted in the Kenyan judiciary – for now at least

Kenya’s deputy chief justice, Philomena Mwilu, has been under pressure since she was arrested and charged in connection with corruption and tax related offences in 2018. But that has only increased since former chief justice, David Maraga, left office to take leave, pending retirement, late last year. Early in January 2021, an application, ultimately unsuccessful, was made for her to be prevented from taking over as Acting Chief Justice. And last week, a different application was granted, on an interim basis, for a similar order. As a result, she was temporarily suspended as Deputy Chief Justice, as a member of the supreme court and as part of the Judicial Service Commission. Initially, it seemed the court’s order would throw the judiciary into disarray, but that order was quickly set aside following an urgent application just a couple of days later.

UK hold on Chagos archipelago declared unlawful

Most inland countries would ignore decisions of the world’s maritime court, the International Tribune for the Law of the Sea (Itlos). But this decision is different. It sheds important light on one of the few places in the world still regarded by many (including the United Nations) as a colony that should be returned to its original people. This time the ‘colony’ is the Chagos Archipelago – a group of islands and atolls in the Indian Ocean. Mauritius says the islands are a part of its territory. But the UK denies this. Despite a key opinion by the ICC and a crucial resolution by the UN general assembly both saying that the UK was unlawfully in occupation, the UK has held fast to its position – and to the archipelago. Following the Itlos judgment, however, will its hold be quite so secure?

Making history, Intl Criminal Court convicts former Uganda militia leader of war crimes, crimes against humanity
Making history, Intl Criminal Court convicts former Uganda militia leader of war crimes, crimes against humanity

Dominic Ongwen, a former commander with the Lord’s Resistance Army that terrorised areas of northern Uganda for decades, has been convicted by the International Criminal Court of war crimes and crimes against humanity. Sentence is yet to be passed. The judgment broke new ground in several ways, both in terms of the crimes of which he was convicted, and the involvement of communities in East Africa, affected by the long-running civil war, who had been helped to feel involved in the process of the trial and who listened to the court’s decision via a radio or television link in sometimes far-flung areas.

'Global jurist of the year': prestige award goes to Kenya’s Justice Mumbi Ngugi
'Global jurist of the year': prestige award goes to Kenya’s Justice Mumbi Ngugi

One of the most prominent judges in Kenya has been given a major reward in recognition of her work in support of human rights. Judge Mumbi Ngugi, who sits on the anti-corruption and economic crimes division of the high court in Kenya, is also a world advocate for the rights of people with albinism at a time when, in certain parts of the world such as Kenya, people with albinism are targeted and sometimes even killed for ritual purposes. The award to Judge Ngugi is to be made later this month by the Centre for International Human Rights, based at the law school of Northwestern University.

Intl Criminal Court to announce verdict on notorious Lord’s Resistance Army leader
Intl Criminal Court to announce verdict on notorious Lord’s Resistance Army leader

It will be a crucial moment for international justice as well as for justice in Uganda when the International Criminal Court gives its verdict on 4 February 2021 in the case of Dominic Ongwen, a much-feared commander of the Lord’s Resistance Army (LRA). It's so important that Human Rights Watch has prepared a special briefing explaining the background and significance of the case.

Zim's top court clarifies bequeathed property dispute
Zim's top court clarifies bequeathed property dispute

After a decade of legal uncertainty, the supreme court of Zimbabwe has clarified a contentious problem relating to whether spouses are legally obliged to bequeath their property to each other. The courts have been divided over the issue for some time. Some have taken the view, now upheld by the supreme court, that a spouse, not married in community of property, has testamentary freedom. Others said that a will effectively disinheriting the other spouse was unlawful. Moreover, it had a disproportionate effect on women and would thus be unconstitutional. A judgment written by Chief Justice Luke Malaba and with the unanimous agreement of four of his colleagues, has brought certainty to the question. They found that a will is not invalid merely because the testator bequeaths property to someone other than the surviving spouse. Where there was no will, however, or where the couple were married in community of property, a different law and a different legal regime apply.

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