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Namibian lawyer tells national police chief: protect my client against abduction, rendition by Zim police  
Namibian lawyer tells national police chief: protect my client against abduction, rendition by Zim police  

As the crisis in human rights and the rule of law continues in Zimbabwe, its impact – and growing condemnation of the government crackdown – has spread elsewhere in the region and abroad. In Namibia, an opposition MP, visiting from Zimbabwe, fears for his life after receiving information that a squad of Zimbabwe’s Central Intelligence Organisation police have arrived in Namibia to abduct him. He believes the aim of the secret mission is to return him to Zimbabwe and put him on trial for treason. In other developments, confidential documents have been leaked by Zim police to The Guardian in the UK, showing police frustration at the impunity enjoyed by the military in the Harare area. And a ranking UK MP, Kate Hoey, has made a major speech condemning the Mnangagwa government for its dangerous infringement of the constitution and the rule of law.

Malawi’s courts will intervene, even in party political disputes - judge
Malawi’s courts will intervene, even in party political disputes - judge

As election fever hots up in Malawi, a high court judge has reminded political parties of something many would rather forget: that under certain circumstances the judiciary is obliged to hear and decide party disputes. It could not be denied that courts had jurisdiction over ‘political disputes’ raising issues of a judicial nature, the judge said. And, where appropriate, for example if a party breached its own constitution or acted arbitrarily, judges had to “do their duty” and hear such cases. The reminder came in a case involving contested primaries for the Malawi Congress Party.

Zim judge presiding in controversial Lesotho murder trials, starts work
Zim judge presiding in controversial Lesotho murder trials, starts work

A number of controversial murder trials are about to get under way in Lesotho, presided over by foreign judges to ensure the cases are seen to be fairly conducted and without bias to either side. The murders allegedly involve high-ranking figures from the country's politicians, army and police as victims and/or assassins. The first cases were due to start last week under Jifa alum Judge Charles Hungwe of Zimbabwe, but they were delayed due to the absence of the defence lawyers for the accused. Other foreign judges are due to arrive in Lesotho soon, to share the load of the trials with Judge Hungwe.

“Despicable” behaviour outside debating chamber not privileged, judge tells assembly members
“Despicable” behaviour outside debating chamber not privileged, judge tells assembly members

Dressed in a pink suit and looking rather bewildered, Nairobi city county Speaker, Beatrice Elachi, is seen on camera watching as protesting assembly members demonstrate in her office. They wanted her to step down and yelled and shouted at her to achieve their aim. Since that day in September 2018, Elachi has been removed from her position – but the demonstrating assembly members are now under investigation by the Ethics and Anti-Corruption Commission for their behaviour in her office. Indignant at what they saw as an infringement on their right to “privileged” proceedings, the assembly members went to court. But their reception at the high court in Nairobi was not what they had hoped.

Copyright & A2K Issues - 24 January 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)

Law society meets with Chief Justice over torture, crackdown in Zimbabwe
Law society meets with Chief Justice over torture, crackdown in Zimbabwe

Security forces in Zimbabwe are continuing to use torture and deadly force against people protesting against government restrictions and fuel hikes that have made petrol in that country the highest-priced in the world. Alarming pictures of security forces beating protesters shown round the world forced President Emmerson Mnangagwa, on an international visit to drum up foreign investment, to return before his original date, and take control of the situation. But little has changed since he arrived home earlier this week and the violent crackdown is continuing. In a rare move, the Law Society of Zimbabwe has met with the Chief Justice, Luke Malaba, to raise concerns about the way that judicial officers are handling cases relating to the crackdown. They told him it appeared the courts were biased and that justice was not being meted out.

What is going on in Tanzania's trial courts?
What is going on in Tanzania's trial courts?

WHEN half of the criminal appeals heard by a country’s apex court lead to decisions that the trials were a nullity or fatally defective in some way and that conviction and sentence must be set aside, you know there is a problem. This is the situation in Tanzania where the court of appeal considered almost 30 criminal appeals between 29 November and 14 December 2018 and threw out the results in 13 of these cases because of some major defect during the trial in the court below. Strange to relate, however, neither Tanzania’s highest court nor the country’s justice authorities have reacted to what appears an urgent – even critical – systemic problem.

Why the long wait for Zambia's supreme court death penalty decision?

After a cattle-rustling raid into Zambia by uniformed Angolan soldiers armed with assault rifles, a local man has been convicted and sentenced to death. It is an unusual case for several reasons: armed border raids seldom result in a conviction, for example. But it is also significant because it shows the Supreme Court, Zambia's highest legal forum, taking more than four years to deliver judgment. Given that the case did not appear to involve particularly complex legal issues, questions have to be asked about why the judges took so long - especially in a case that concerns the death penalty - and why they felt no need to explain the delay.

Death penalty overturned for woman who murdered, dismembered husband
Death penalty overturned for woman who murdered, dismembered husband

The appropriateness of the death penalty as a punishment for even extremely violent murder has been raised at the Supreme Court in Kampala. Members of Uganda’s apex court were considering the case of a 63-year-old woman who murdered and dismembered her husband. Though she was originally condemned to death, the five Supreme Court justices have replaced that sentence with a 30-year jail term. The case illustrates the close attention a trial court needs to pay to the balance between mitigating and aggravating circumstances to get the sentence right, as per the sentencing guidelines. It also illustrates that Uganda's apex court is reluctant to approve the death penalty.

Villagers' water pollution case should be heard in UK not Zambia, court hears
Villagers' water pollution case should be heard in UK not Zambia, court hears

A major case on the environmental and human rights of villagers in Zambia was heard in the English courts over two days this week. The appeal concerns the question of where villagers, suing over the pollution of their water via mining action, may bring their dispute. They want the case heard in the UK while Vedanta, the parent company they are targeting, says the “natural forum” for the matter would be Zambia. If the English Supreme Court gives the go-ahead for the case to be heard in the UK, it will have a major impact on many other environmental cases and be a significant step in the development of environmental law, making it easier to hold international parent companies responsible for the actions of their subsidiaries.

Copyright & A2K Issues - 16 January 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)

Copyright & A2K Issues - 11 December 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)      N.B. THIS NEWSLETTER WILL NOT BE DISTRIBUTED FROM 12 JANUARY 2018 UNTIL MID-JANUARY 2019.  WISHING YOU A VERY HAPPY AND BLESSED CHRISTMAS AND A HAPPY NEW YEAR.  FOR THOSE WHO CELEBRATE OTHER FESTIVALS OR HOLY DAYS, ALL THE BEST TO YOU TOO.

Copyright & A2K Issues - 7 December 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)

Judges draw the line in witchcraft case

WITCHCRAFT is a hot topic in Zambia where the courts seem to deal with such matters more often than in many other countries. In this case the two accused were convicted of murdering an elderly woman, but pleaded their belief in witchcraft as an extenuating circumstance. Though found guilty of murder, their alleged beliefs helped reduce their punishment to a life sentence instead of the death penalty that would otherwise have been mandatory. The two then appealed against sentence only, on the basis that it was “manifestly excessive” to imprison them to life since they were first offenders. Hearing this case, Zambia’s supreme court took the opportunity to restate its views on when a belief in witchcraft would amount to extenuating circumstances. Given the number of such cases, this is a timely reminder – though the results of their deliberation would have come as a shock to the two accused.

Copyright & A2K Issues - 27 November 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)

Copyright & A2K Issues - 23 November 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)

Copyright & A2K Issues - 20 November 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)

Copyright & A2K Issues - 13 November 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)

Copyright & A2K Issues - 8 November 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)

Copyright & A2K Issues - 7 November 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)

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