Human Rights

Constitutional Law – Jurisdiction of the High Court – Enforcement of fundamental rights under section 19 of the Constitution – Proper procedure under section 22 of the Constitution and the Constitutional Litigation Rules –
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Distinction between ordinary and constitutional jurisdiction – Application brought as an ordinary civil claim instead of under section 22 – Non-compliance with constitutional procedure rendering proceedings a nullity – Matter to commence de novo before the High Court exercising its constitutional jurisdiction – Principle against bifurcation of proceedings reaffirmed.

FLYNOTE
Education Law — Appointment of school principal — Teaching Service Commission — Discretion to appoint from recommended candidates — Whether School Board’s ranking creates enforceable legitimate expectation — Procedural fairness — Rationality — Education Act 2010, s 42.

Constitutional law — Fundamental rights — Equality before the law — Article 10 of the Constitution — Article 8 of the Constitution — Right to dignity — Same-sex relationships — Homosexuality — Criminal law — Common Law Sexual Offences — Sodomy — Unnatural sexual offences — Various forms of sexual conduct committed by a male person with another male person are not regarded as criminal, if committed by a male person with a female person — Differentiation which the impugned laws accord to homosexual men amounts to unfair discrimination and thus unconstitutional.

Human rights and fundamental freedoms - right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment

Human rights and fundamental freedoms - the right of prisoners to humane living conditions and dignified treatment - the right to consent and privacy in HIV and AIDS testing

Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions. All victims running away from the war in their country – Accused a first offender – Remorseful – Accused having testified in mitigation of sentence – Accused also testified about her ill health as a mitigating factor – Gravity of the offences and society’s legitimate interests far much outweigh the accused’s interests – A custodial sentence unavoidable under the circumstances.

Tort – defamation – defamation based on HIV status

Human rights and fundamental freedoms - right to a fair trial- right to legal representation 

Sentencing – interpretation of sections 70 and 80(1)(c) of the Criminal Law (Codification and Reform) Act - minimum mandatory sentence of not less than ten years for engaging in sexual intercourse with a young person and exposing them to the risk of HIV transmission 

Criminal procedure — Bail Appeal – Appellant represented – Partly viva voce then by way of affidavit – The use of affidavits reconfirmed – Respondent filed opposing affidavits – Appellant not truthful in giving his place of residence – Not in the interest of administration of justice and public interest to release on bail – No misdirections by magistrate – Appeal dismissed.

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.