|
Title
|
Jurisdiction |
Date
|
|
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.
|
Malawi
|
28 October 2025 |
|
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.
|
Malawi
|
17 July 2025 |
|
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.
|
Malawi
|
17 July 2025 |
|
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
|
South Africa
|
12 June 2023 |
|
Pending judicial review, asylum seeker visas must be extended if applicants serve their review on the State Attorney.
Refugees Act – asylum seeker visas – extension pending judicial review; non‑refoulement; automatic extension duty of Refugee Reception Officer (Saidi); service on State Attorney to obtain extensions; PAIA relief inappropriate while review pending (Rule 53).
|
South Africa
· Gauteng
|
11 May 2023 |
|
State failed to show good cause or a bona fide defence for rescission of default judgment confirming minors' citizenship.
Rescission of default judgment — good cause requirement — reasonable explanation for default, bona fides, and bona fide defence with prospects of success; procedural fairness in refugee/citizenship decisions; prejudice assessment.
|
South Africa
· Gauteng
|
11 April 2023 |
|
Director-General’s s 29(2) refusal set aside: misapplied law, ignored children’s best interests; prohibition uplifted, stay authorised.
Immigration law – s 29(1) strict liability vs s 29(2) discretionary upliftment – administrative review – failure to consider representations; Children’s rights – best interests principle obligatory in immigration decisions; Substitution of administrative decision where remittal futile
|
South Africa
· Western Cape
|
10 March 2023 |
|
Court invalidates abandonment regime that strips asylum seekers (and children) of non‑refoulement protection for late visa renewal.
Refugee law — Abandonment of asylum applications — Sections 22(12)–(13) of Refugees Act, Regulation 9 and Form 3 — Conflict with non‑refoulement and children's rights — Overbroad and disproportionate limitation under section 36 — Invalidity and referral to Constitutional Court.
|
South Africa
· Western Cape
|
13 February 2023 |
|
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.
|
Uganda
|
18 March 2022 |
|
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
|
Namibia
|
29 March 2021 |
|
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.
|
South Africa
· Gauteng
|
18 February 2021 |
|
|
Namibia
|
28 July 2017 |
|
|
Namibia
|
10 February 2015 |
|
|
Namibia
|
21 May 2014 |
|
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
|
Lesotho
|
19 October 2012 |
|
|
 African Regional Bodies
· Economic Community of West African States (ECOWAS)
|
29 May 1979 |
