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Two state entities overseeing Kenyan land administration fight over their respective rights, duties

Two Kenyan state entities are not seeing eye to eye about how crucial land issues should be handled. The National Land Commission and the Ministry of Lands and Physical Planning both claim that tasks where they should be in charge, are wrongly being carried out by the other entity. Not even a supreme court advisory opinion has resolved the problem, and each continues to interpret that opinion in a way that favours its own interests, escalating conflict between them. There are also now two ‘live’ petitions that ask for judicial help in solving the disputes.

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Perhaps Kenyans are used to it, but it comes as something of a shock for outsiders to discover different parts of government involved in nasty turf wars and jockeying for power against each other.

In this case it is the Ministry of Lands and Physical Planning squaring off against the National Land Commission (NLC). A decision on the dispute between them was delivered by the high court in 2018, and the matter then went on appeal.

Copyright & A2K Issues - 27 May 2020

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; u

 

Libraries and COVID-19

Statement on the Global COVID-19 Pandemic and Its Impact on Library Services and Resources

https://icolc.net/system/files/2020MarchCOVID-19ICOLCStatementEnglish.pdf

COVID-19 and the Global Library Field

Police officers cannot escape responsibility for rights abuse by citing ‘higher orders’ – Ugandan court

A judge of Uganda's high court has ruled that individual members of the police and other security forces may not rely on 'higher orders' or claims that they were waiting for orders 'from above', to justify human rights violations. Judge Margaret Mutonyi ordered significant damages as compensation to a number of applicants after she found police had abused their rights. In one of the two applications she dealt with, a number of people were unlawfully arrested and detained for participating in a legal protest against the raising of Uganda's presidential age limit.

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It would be difficult to overstate the potential importance of a case just decided by the High Court in Uganda. More than a dozen applicants went to court against a number of police officers and the Attorney-General. Originally two separate matters, the applications were joined by the High Court judge presiding, Margaret Mutonyi, who said they raised similar issues.

Copyright & A2K Issues - 26 May 2020

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; u

 

Intellectual Property:

Why “Intellectual Property” is a Misnomer

https://www.niskanencenter.org/new-paper-why-intellectual-property-is-a-misnomer/

80 Academics urge President Ramaphosa to expedite changes to SA’s patent laws

https://bit.ly/3bUPhQm

Copyright & A2K Issues - 21 May 2020

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 Trad

 

Intellectual Property:

EU Joins in the Bullying Of South Africa for Daring to Adopt US-Style Fair Use Principles

https://bit.ly/3d3vL5P

Open letter to the EU Ambassador to South Africa on Copyright Laws

https://www.apc.org/en/pubs/open-letter-eu-ambassador-south-africa-copyright-laws

Parliament’s ‘contempt’ raised in challenge to Tanzania’s bail-ban laws

Tanzania’s bail laws have been brought into line with the country’s constitution, following an application by a member of the legal profession. But in the aftermath of the decision there’s confusion and concern, mostly related to the appeal noted by the government the day after judgment was delivered this week. The high court judgment by three judges deals with the problem that the law makes certain offences ‘unbailable’. How does this square with judicial discretion, the petitioner asked.

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The litigant who put his finger on the bail issue and brought it to court was a Tanzanian advocate, Dickson Sanga. His complaint was that the Criminal Procedure Act’s provisions relating to a growing list of offences as ‘non-bailable’, infringed the constitution.

Help secure African Court’s future: here’s your chance

One of the continent’s most precious and prized institutions, the African Court on Human and Peoples’ Rights, is under immense pressure. Its very existence as a human rights court for the continent is at stake – and now you can join in doing something about it. The court is asking for input on its next five-year plan and we urge you to take this plea for helpful ideas very seriously. Celebrate Africa Day by ensuring your voice is heard on the court’s future role!

Read the Court Registrar's letter

Complete the survey

All of the African Union’s members – well over 50 of them – agreed to the establishment of the African Court on Human and Peoples’ Rights. But very few of those countries have fully signed up by way of allowing individuals and NGOs to bring human rights-based cases for adjudication.

African aviation post COVID-19 – Where to?

According to the International Air Transport Association (IATA), aviation contributes to 2.6 % of Africa’s GDP and supports an estimated 6.2 million jobs. The aviation sector is one of the worse impacted during this crisis.

The COVID-19 crisis has indeed caused border closures and country lockdowns that have forced airlines to ground their fleets and stop all but essential flights such as humanitarian aid, cargo and repatriation flights for citizens stranded abroad.

Malawi appeal court judges set new election standards

Malawi’s Supreme Court of Appeal has confirmed that Peter Mutharika was ‘not duly elected’ as President in last year’s national election. This is important news: many people had been holding their breath as they waited for the appeal outcome. But that is far from all that the judgment decided. It also made final rulings on other issues that will impact on government and elections into the future, well beyond the forthcoming re-run. In this case the appeal court was considering a decision by Malawi's constitutional court, handed down earlier this year.

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In its 142-page decision the seven judges, among them the Chief Justice, Andrew Nyirenda, are unanimous in upholding the finding of the constitutional court: the May 2019 elections failed in their aim of ‘duly electing’ a new President. In other words, President Peter Mutharika, who headed the country before the May polls and was declared re-elected in those elections, was not in fact ‘duly elected’.

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