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Justice for these elderly folk – 21 years later
Justice for these elderly folk – 21 years later

Well over 20 years ago the Kampala municipal authorities retrenched a group of long-serving workers. But they were not paid their full termination benefits. For more than two decades the group has been fighting to get the money to which they are entitled. They were ultimately awarded a certain sum plus damages by the high court in 2015 but they appealed, saying it was far too little. Now Uganda's Court of Appeal has given its decision on the matter. Would the judges find the pensioners ought to have been better compensated after 21 years of poverty?

Lesotho police service becoming "an institution of official torture" - constitutional court
Lesotho police service becoming "an institution of official torture" - constitutional court

The police in Lesotho, rapidly acquiring a reputation for acting as though they are above the law and even above the courts, have had a rude awakening: that country’s constitutional court has delivered a strongly-worded decision taking the police authorities to task for not obeying the law, and clarifying the rights of suspects in relation to police arrests, detention and interrogation. The judges found that the police violated the constitutional rights of two suspects, held far beyond the time provided for by the law and under unlawful conditions. They also said that, against the background of a “disturbing public outcry about increasing deaths of suspects in police custody”, it was time for “a judicial response” by way of “guidelines” for the police, prosecutors and the magistrates court.

Jifa newsletter “essential reading”: judge trainer
Jifa newsletter “essential reading”: judge trainer

This week’s Core Skills course offered by the Judicial Institute for Africa brought a new group of judges together from all over the continent. Even the faculty teaching the course had some new faces, one of them being Judge Sanji Monageng, who was once a magistrate in Botswana, as well as a judge in The Gambia and on the International Criminal Court among other judicial positions. Jifa’s Newsletter chatted to her briefly about her experience over the week of training and about the newsletter itself – and discovered she regards the weekly newsletter as “essential reading”.

“Raging” debate on bail sorted by Tanzania’s highest court
“Raging” debate on bail sorted by Tanzania’s highest court

When members of a country’s highest judicial forum speak of a dispute that is “raging” in the courts there, readers should take note. Obviously, something important is going on. In the case of Mwita Joseph Ikoh and two co-accused, that “something” is the issue of which court has jurisdiction to consider whether they may be given bail: the high court, or the specialised division of the high court that deals with corruption and economic crimes. Earlier this month the Court of Appeal decided the question – and the “raging” debate should now be settled.

Controversy follows this Ugandan judge, from roads to land
Controversy follows this Ugandan judge, from roads to land

Justice Catherine Bamugemereire of Uganda’s Court of Appeal has something of a name for being a tireless fighter against corruption. But her commission’s findings against a key figure in a 2015 report into allegations of fraud in the country’s national roads authority has just been set aside by the high court on the grounds of her perceived bias against him, and because his right to be treated fairly was infringed.

‘Demeaning’ to portray counsellor as HIV-positive sex worker? – court rules
‘Demeaning’ to portray counsellor as HIV-positive sex worker? – court rules

A specialised network of organisations responding to the issues of HIV/AIDS and tuberculosis in Kenya has come in for some unwelcome publicity. This after it used a photograph of one of its own staff on its website, with a caption that identified her as "an HIV positive sex worker waiting for treatment". The staffer in the photograph was awarded damages by Kenya's HIV/AIDS tribunal, but her employers appealed. They argued that it was not "demeaning" to say someone was a sex worker nor was she defamed when it was said of her that she was HIV positive. What would be the response of Judge Joseph Sergon of the High Court in Nairobi?

Controversial land inquiry warned over infringing judicial independence
Controversial land inquiry warned over infringing judicial independence

Tension between Uganda’s judiciary and a commission of inquiry headed by one of the judiciary’s own members has heightened following a new Court of Appeal decision. The appeal judgment refused to stay a huge, court-ordered payout to a local pastor and land broker, as ordered by the inquiry, and warned that the independence of the judiciary was at stake if court decisions and orders could be countermanded by a commission of inquiry.

Woman “unduly influenced” to sign by "bully" partner, so agreement invalid
Woman “unduly influenced” to sign by "bully" partner, so agreement invalid

Three high court judges in South Africa, sitting as an appeal bench, have found an agreement between a now-estranged couple is invalid because the woman signed due to the “undue influence” of her then partner. The agreement would have given the man half the sale price of the woman’s property if their relationship ended – which it did, just days after she signed, when he became violent and she obtained a protection order against him. The man then demanded his share of the property and business as detailed in the agreement. Although the trial court found in his favour, saying that she had not signed the agreement under duress, the appeal judges closely analysed the details of their relationship and found clear signs of his “undue influence” over her. They therefore held that she did not sign the agreement voluntarily and thus effectively set it aside.

"Iron fist" needed in fight against poaching, smuggling - court
"Iron fist" needed in fight against poaching, smuggling - court

Despite the scourge of wildlife poaching across Africa, the courts seldom see either poachers or smugglers in the dock. A recent trial followed by an appeal, however, has given members of the judiciary in Namibia a chance to express their concern about these crimes and to consider the prison term that should be imposed.

Copyright & A2K Issues - 26 April 2019

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)

Lesson in democracy for Namibia's intelligence services
Lesson in democracy for Namibia's intelligence services

Namibia's top court has delivered a decision giving notice to the country's intelligence services that they, too, fall under the aegis of a constitutional democracy. The case concerned material collected by an investigative journalist that appeared to show the Namibia Central Intelligence Service (NCIS) was involved in corruption. But when he asked for comment he was informed that publication of his proposed story was unlawful, and the NCIS then went to court to enforce that prohibition. This week's judgment gave the Supreme Court an opportunity to explain that even the NCIS was bound by the values of an open and democratic society and could not count on the courts' blindly agreeing to banning publication even where 'not a scintilla of evidence' was provided to show that prohibition was necessary. If genuine grounds to prevent publication existed, however, these could be raised with a court behind closed doors.

Princess not considered for traditional throne - because of being a woman
Princess not considered for traditional throne - because of being a woman

For all its constitutional commitment to the equality of women, South Africa still experiences difficulties when it comes to matters of traditional leadership. That’s because these are often resolved at the local level in a way that assumes women are ineligible for traditional leadership roles. Take for example the question of who should fill the vacant Vhavenda throne. The Supreme Court of Appeal was asked to decide whether the traditional council acted in a way that promotes gender discrimination and, in answering that question, the court has now given a potentially far-reaching judgment.

Copyright & A2K Issues - 16 April 2019

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)

Court “stands tall”, rules that state violates evictees’ rights
Court “stands tall”, rules that state violates evictees’ rights

The failure of Uganda’s Government to pass laws protecting people evicted from private and public land has come under the sharp eye of the high court. Following an application brought by a local human rights lawyer, the court has declared that failure to pass laws setting out proper procedures in the case of evictions violated the rights to life, dignity and property of those affected. Judge Musa Ssekaana ordered the government to report back within seven months on its progress towards such legislative guidelines. The court also said these guidelines should be developed via public consultation and participation and with reference to the relevant United Nations-recommended best practice. Drawing from decisions of the courts in Uganda, Nigeria, Kenya and SA as well as international law and other UN documents, the judge said it was the state’s duty not only to protect property but also to ensure that the social and economic rights of the people were given meaning.

Zambian farmers head to UK courts for fight with international company over polluted water
Zambian farmers head to UK courts for fight with international company over polluted water

Thousands of Zambian farmers, wanting to claim against a multinational giant for allegedly polluting their water with copper mining effluent, will have their day in court – in the United Kingdom. The UK’s Supreme Court this week ruled that the farmers could sue Vedanta and its Zambian subsidiary, Konkola Copper Mines, in the UK. The decision has been hailed as having the potential to affect many other cases involving international companies exploiting third world minerals and gas.

Zim judges may no longer sentence young male offenders to be caned: constitutional court
Zim judges may no longer sentence young male offenders to be caned: constitutional court

The law in Zimbabwe has allowed a court to impose a sentence of “moderate corporal punishment” on any boy under 18 convicted of any offence. This has been justified as a way of keeping young people out of prison, among other reasons. But now the country’s constitutional court says that this section of the law runs foul of developing human dignity jurisprudence. Corporal punishment, as a court imposed sentence, has to go – it cannot be retained in a society that wants to ensure no-one is subjected to degrading treatment or punishment.

Article 2845
Article 2845

Two African cigarette companies have been slugging it out in court for years, trying to gain advantage in the lucrative smoking markets of Uganda, Kenya, South Sudan and elsewhere. Both Leaf Tobacco and Mastermind Tobacco want to work the problem of access to South Sudan for their own benefit. Most recently Leaf Tobacco has sued Uganda’s revenue authority, saying it is complicit in allowing the smuggling of cigarettes, and that the Ugandan revenue authority ought to obey the orders of a court in South Sudan. So, what would the high court’s commercial division in Kampala have to say about such an argument?

Copyright & A2K Issues - 3 April 2019

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)

Get your court paperwork in order, Namibian judges warn magistrates

What should the high court do when faced with trial records from the magistrate’s court that reflect the names of three different people in a case involving just one accused: one name at the typed start of the trial, a different name and age in the hand-written section of the record and a third name and age in the part of the trial dealing with mitigation? These and other problems have been taxing the high court in Namibia. Now, in a new decision responding to the records of 13 matters before them on automatic review, two judges have listed the most common mistakes they find in magistrate’s court records, and have asked that the magistrate’s commission take note.

UK court hands "Africa's last colony" an unexpected win
UK court hands "Africa's last colony" an unexpected win

While two rival meetings were being held in Africa this week on the disputed future of Western Sahara, the territory – often referred to as Africa’s last colony – won an unexpected victory in court.

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