This first appeared in Legalbrief
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When fiery Kenyan opposition politician Johnson Muthama received a notice from the Firearms Licensing Board earlier this year saying that his firearm licence had been revoked, he moved quickly. Just days later he was before the courts, challenging the legality of the action that effectively made it unlawful for him to continue in possession of his rifle, pistol and shotgun, as well as all the ammunition for these weapons.
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WRITING for a five-member Supreme Court, Zimbabwe’s Chief Justice Luke Malaba does not pull any punches about that country’s top court having made a mistake. A critical section of the 2004 judgment “is wrong”, he declares, adding: “It must not be followed.”
On Thursday, the Constitutional Court of South Africa ruled in favour of communities arguing for a bigger say in mining decisions.
Members of the Lesetlheng community in North West were granted an appeal to an eviction notice that was previously approved by the North West High Court in 2017. It would have seen 13 families evicted from their farmland to make way for a mining project of Bakgatla Mineral Resources and Pilanesburg Platinum Mine (PPM).
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Retired Chief Justice Idris Legbo Kutigi attended university in Nigeria and in the UK. Called to the bar in the mid-1960s, he served as the Attorney General and Commissioner for Justice in Niger State before joining the judiciary.
After an illustrious career on the bench, he retired in 2009 having served as Nigeria’s 10th chief justice from 2007 to 2009. He later returned to the bench as an acting high court judge until shortly before his death.
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THE case, brought by the Kenya Reinsurance Corporation (KRC), puts the spotlight on a decision by the National Land Commission, with the court ultimately holding that the commission violated the rules of natural justice and that its decision has to be set aside.
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