Results.
554 documents found.
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Jurisdiction |
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Zimbabwe
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27 January 2022 |
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Zimbabwe
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20 January 2022 |
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Amendments to the Refugees Act do not displace section 2 non‑refoulement; delay in seeking asylum is not an absolute bar.
Administrative law — Detention and deportation — Unlawful detention and denial of right to seek asylum
Immigration law — Asylum applications — Date of evincing intention to seek asylum
Immigration law — Refugee/asylum procedure — Applicability of Refugees Amendment Act 2017 and Regulations to aspirant asylum seekers — Non‑refoulement under section 2 of the Refugees Act
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South Africa
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30 December 2021 |
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Zimbabwe
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15 December 2021 |
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Decision‑makers must assist asylum seekers, consider s 3(a) and s 3(b), and observe audi and a flexible proof standard.
Immigration law — Refugee law — Refugee status determinations — consider both s 3
Immigration law — Refugee law — Refugee status determinations — credibility is one factor within a flexible, inquisitorial assessment
Immigration law — Refugee law — Refugee status determinations — Duty on RRO/RSDO/Appeals Authority to assist applicants and to gather and test relevant evidence
Immigration law — Refugee law — Refugee status determinations — procedural fairness (audi)
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South Africa
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23 September 2021 |
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Tanzania
· Zanzibar
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7 September 2021 |
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Uganda
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1 September 2021 |
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Tanzania
· Zanzibar
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24 August 2021 |
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Sierra Leone
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19 August 2021 |
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Uganda
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2 August 2021 |
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DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
Criminal law – case to answer – prima facie case; murder – causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
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Malawi
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28 July 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
Criminal law
ircumstantial evidence
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
nd limited scope of s.3 CP&EC
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Malawi
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14 July 2021 |
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Whether striking out a defence at mandatory mediation was a proportionate sanction and whether mediation confidentiality was breached.
Civil procedure — mandatory mediation — Order 13 r.6 CPR (2017) — striking out defence for non-attendance — proportionality of sanction; mediation confidentiality — Order 13 r.7 — use of mediation materials in substantive orders; case management discretion — appellate review; restoration and costs as remedies.
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Malawi
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23 June 2021 |
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Ghana
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19 May 2021 |
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Uganda
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18 March 2021 |
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Ghana
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17 February 2021 |
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Recount applications are discretionary and require cogent direct evidence; hearsay and unsigned allegations do not justify recounts.
Election law – Recount and scrutiny of ballot papers – Discretionary nature of recounts under section 55(1) PEA – Requirement for cogent, non-hearsay evidence to justify recount – Significance of signed DR forms and permissible multiple handwriting – Costs and security for costs under sections 55(3) and 56(2) PEA.
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Uganda
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2 February 2021 |
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Seychelles
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13 November 2020 |
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Interlocutory injunction granted to restrain alleged unlawful mining/exploration on disputed land pending trial.
Interlocutory injunction — American Cyanamid test: serious question to be tried; adequacy of damages; balance of convenience — preservation of status quo — competing surface rights and mining/exploration rights — environmental assessment and Director of Mines' consent issues.
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Zambia
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22 August 2020 |
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Namibia
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30 June 2020 |
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Ghana
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20 May 2020 |
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Zambia
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13 May 2020 |
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Zimbabwe
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27 February 2020 |
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Seychelles
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20 January 2020 |
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Ghana
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14 January 2020 |
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A provincial circular and Admission Policy cannot exclude children from basic education for lacking identity documents.
Administrative law — review and condonation — Inordinate delay and PAJA time‑limits — Interests of justice
Constitutional law — socio‑economic rights — Right to basic education — Admission of undocumented children
Constitutional law — socio‑economic rights — Right to basic education — interpretation of Immigration Act ss 39 and 42
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South Africa
· Eastern Cape
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12 December 2019 |
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Seychelles
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6 December 2019 |
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Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
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Malawi
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2 August 2019 |
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Namibia
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18 July 2019 |
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A section 114 election petition is incompetent absent a prior Commission decision on the alleged irregularity.
Electoral law; s.114 Parliamentary and Presidential Elections Act — appeal lies only from a Commission decision confirming/rejecting irregularity; complaints under s.113 required first; judicial review distinct remedy; grounds for voiding election limited to s.114(3).
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Malawi
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12 June 2019 |
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Seychelles
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5 June 2019 |
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Ghana
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21 March 2019 |
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Zimbabwe
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27 February 2019 |
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Delay does not bar asylum applications; Refugees Act (non‑refoulement) prevails and RSDO alone decides refugee status.
Immigration law — access to asylum process — delay and false documents relevant to credibility but not absolute bars
Immigration law — access to asylum process — exclusionary clause s4(1)(b) applies to crimes committed outside the refuge country
Immigration law — access to asylum process — Refugee Status Determination Officer sole authority to determine refugee status
Immigration law — Refugee law — non‑refoulement and section 2 of the Refugees Act — primacy over conflicting statutes
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South Africa
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20 December 2018 |
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Namibia
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28 November 2018 |
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A party likely to be affected by reissued exploration rights ought to be joined under Order 14/5(1) HCR.
Procedure — Joinder of parties — Order 14/5(1) HCR and Order 15/4(1) RSC — person entitled to or claiming interest in the subject matter or likely to be affected — ministerial cancellation and reissuance of petroleum exploration licence — discretion to join aimed at effective adjudication — distinction from Abel Mulenga.
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Zambia
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28 November 2018 |
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Namibia
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16 November 2018 |
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Claim dismissed: no proved contract, LPOs were forged and the employee lacked authority to bind the defendant.
Contract formation — offer and acceptance — proof of agreement; Public procurement — RFQ/open tender requirements for high‑value contracts; Forgery — forged LPOs are nullities; Agency — actual and ostensible authority; Burden of proof.
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Malawi
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24 October 2018 |
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Ghana
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17 October 2018 |
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Directive barring asylum seekers from applying for visas or permanent residence was ultra vires and invalid.
Administrative law — directives and reviewability — Ultra vires administrative action — Conflict with empowering statute and regulations
Immigration law — asylum seekers’ entitlement to apply for Immigration Act visas — Requirement to apply at foreign missions and availability of ministerial exemption under s 31(2)(c) of the Immigration Act
Immigration law — Refugee law — asylum seeker permits — Whether asylum seekers may apply for visas and permanent residence under the Immigration Act
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South Africa
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9 October 2018 |
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Exclusion under Refugees Act s4(1)(b) is constitutional; exclusion decisions are appealable but RSDO’s unfair, inadequately reasoned decision was set aside.
Administrative law — Procedural fairness — adequacy of notice, opportunity to make representations and reasonableness of process — Reliance on undisclosed foreign judgments and duty to give reasons
Immigration law — Internal review/appeal — Exclusion decisions appealable as 'unfounded' (s24(3)(c)) and PAJA exhaustion requirement
Immigration law — Refugees Act s4(1)(b) — Constitutionality and interplay with non‑refoulement (s 2)
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South Africa
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28 September 2018 |
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Forestry licence did not justify respondent’s trespass onto the applicant’s land; nuisance claim lacked particulars and evidence.
Property law — Trespass to land — Rightful possession under a subsisting lease — Forestry licence insufficient to justify occupation; Nuisance — requires pleaded particulars and evidential proof.
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Malawi
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26 September 2018 |
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Court quashed verbal timber export ban for illegality, ordered licences issued; damages claim dismissed.
Judicial review — Forests Act (ss. 50, 53, 62) — Illegality and procedural impropriety for failure to give written notice and show cause — Ministerial verbal export ban unsupported by statute — Mandamus to statutory officer to issue/renew licences — Damages/compensation dismissed; s.56(1)(b) bars compensation.
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Zambia
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28 July 2018 |
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Namibia
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27 July 2018 |
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Applicant failed to prove individual entitlement to customary land; trial findings upheld and appeal dismissed with costs.
Land law – Customary land – Communal ownership; chiefs’ power to authorize use under customary law – No individual title. Civil procedure – Burden and standard of proof: balance of probabilities
Evidence – deference to trial court findings
Appeals – abuse of process; dismissal with costs
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Malawi
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23 July 2018 |
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Occupier of customary land entitled to compensation for loss of use and destroyed crops following State taking.
Land law – Customary land vested in the President – Occupier's entitlement to disturbance/compensation – Non-retroactivity of statutes – Assessment of damages for loss of use and destroyed crops.
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Malawi
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20 July 2018 |
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An interlocutory injunction was refused where the defendant’s actions were carried out pursuant to an existing court order.
Civil procedure – interlocutory injunctions – exceptional remedy; injunctions ordinarily not granted to restrain acts undertaken pursuant to an extant court order; customary land – Section 25 Land Act – sale of customary land may be void ab initio (relevant to triability).
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Malawi
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4 July 2018 |
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Namibia
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8 June 2018 |
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Court continued interlocutory injunction pending trial, finding serious triable issues and limitation defence premature.
Interlocutory injunction — preservation of status quo — American Cyanamid guidelines; Limitation Act — possession, re-entry and forfeiture; Adequacy of damages in land possession disputes; Serious issue to be tried — disputed facts on title and occupation.
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Malawi
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21 May 2018 |
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Namibia
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11 May 2018 |
