Results.
16 documents found.
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Jurisdiction |
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A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
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Malawi
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28 October 2025 |
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Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
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Malawi
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17 July 2025 |
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Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
Criminal defamation – Freedom of expression (section 35) – Limitation test (section 44(1),(2)) – Proportionality and necessity – Civil remedies as less restrictive means – Chilling effect – Decriminalisation consistent with regional and international jurisprudence – Attorney General’s impartial role in constitutional referrals.
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Malawi
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17 July 2025 |
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Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention
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South Africa
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12 June 2023 |
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Asylum seeker visas must be extended pending judicial review if applicants serve the State Attorney or prove service.
Civil law — Service of process — Service on State — Duty to notify State Attorney and effect of Uniform Rule 6(5)(b)(iii) recess proviso on State Attorney’s right to respond
Immigration law — Asylum seeker permits — Entitlement to s22 permit/extension pending internal remedies and judicial review — Refugees Act s22(1), s27A
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South Africa
· Gauteng
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11 May 2023 |
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State failed to show good cause or a bona fide defence for rescission of default judgment confirming minors' citizenship.
Civil law — rescission of default judgment — good cause requirement — prejudice assessment
Civil law — rescission of default judgment — good cause requirement — procedural fairness in refugee/citizenship decisions
Civil law — rescission of default judgment — good cause requirement — reasonable explanation for default, bona fides, and bona fide defence with prospects of success
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South Africa
· Gauteng
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11 April 2023 |
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DG’s refusal to uplift prohibition was irrational; court declared applicant not prohibited and authorised stay pending status.
Administrative law — Review and substitution of administrative action — Substitution vs remittal
Constitutional law — Children’s best interests (s 28(2)) — Obligation to consider children’s interests in immigration decisions affecting family unity
Immigration law — Prohibited persons (s29(1)) and relief (s29(2)) — s29(2) requires consideration of 'good cause' and adequate reasons on appeal under s8(6) — Regulations 26(6)
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South Africa
· Western Cape
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10 March 2023 |
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Automatic abandonment rules in s22(12)–(13) unlawfully infringe non‑refoulement and children's constitutional rights.
Administrative law — Regulations — Validity of Regulation 9 and Form 3 permitting automatic abandonment
Constitutional law — Non‑refoulement — Abandonment provisions (s22(12)-(13)) — Justifiability under s36
Human rights — Best interests of the child — Impact of automatic abandonment on dependent and unaccompanied children
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South Africa
· Western Cape
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13 February 2023 |
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Administrative circular denying citizenship by birth based on origin or skin colour is unlawful; eligible applicants entitled to documentation.
Citizenship — constitutional and statutory tests for citizenship by birth (Articles 9 and 10; s.12 Citizenship & Immigration Control Act) — prima facie weight of government-issued passports, IDs and birth certificates — administrative circular discriminating on origin/colour unlawful — remedies: declaratory relief and ordering issuance/renewal of identity documents.
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Uganda
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18 March 2022 |
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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
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Namibia
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29 March 2021 |
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Asylum seekers detained pending deportation must be released unless the State proves lawful detention under the Refugees Act.
Refugees Act s21(4) and non-refoulement; Immigration Act s34(1) and judicial oversight post Lawyers for Human Rights; burden on State to plead and prove lawfulness of detention; limits on courts to judicially supervise statutory/bureaucratic asylum processes (not decide merits); application and limits of regulation 8(3)-(4) and port-of-entry provisions; administrative process for withdrawal of asylum status and detention under Refugees Act; detention at Lindela pending deportation.
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South Africa
· Gauteng
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18 February 2021 |
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Namibia
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28 July 2017 |
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Namibia
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10 February 2015 |
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Namibia
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21 May 2014 |
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Refugee Act 18 of 1983 - naturalization of refugee under section 14 - total residence-period prior to application for naturalization six years - application prior to expiry of six year period ineffective
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Lesotho
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19 October 2012 |
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 African Regional Bodies
· Economic Community of West African States (ECOWAS)
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29 May 1979 |
