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Court orders tribal authority to act democratically

By Ohene Yaw Ampofo-Anti

28 May 2018

Background

The Royal Bafokeng Nation (RBN) is a tribal community of approximately 300,000 people. RBN applied to court for an order declaring that it is the owner of 60 properties in North-West Province.

RBN asked for this order because, according to the title deeds, the properties are being held by the Minister of Land Affairs “in trust for” the RBN. RBN contended however, that there was no trust relationship between it and the Minister and it was the outright owner of the properties.

Justice for ex-corporal more than three decades later

This article is re-published with permission from LegalBrief: Your Legal News Hub by Juta&Co.

 

A LONG, long time ago, in 1976 to be exact, John Muruge Mbogo joined the Kenya armed forces and was detailed to serve with the air force. In the next six years, before his life changed forever, he rose to the position of corporal. Then, in 1982, he was detained and handed over to the army on suspicion that he was part of an aborted coup.

LGBTI Equality for a Fairer Future

In the African continent, there has been a very mixed record of achievement on human rights and social justice for vulnerable and key populations, including LGBTI (lesbian, gay, bisexual, transgender and intersex) persons. It is correct to assert that the broad orientation of the legal frameworks in Africa regarding the rights of LGBTI persons can be described as hostile and anti-human rights. 

Lesotho Constitutional Court Repeals Criminal Defamation and Reaffirms Freedom of the Press

WHEN award-winning journalist and media owner Basildon Peta wrote and published a story about the supposed power of the then-commander of Lesotho’s defence force to boss the cabinet around, no-one missed his point. Using the verbal equivalent of a political cartoon, he pictured the general, Tlali Kamoli, interrupting a cabinet meeting and ordering that the ministers strip to their bare chests and do press-ups in the grounds of State House.

Lesotho: Authorities must ensure the Independence of the Judiciary and Reopen the Court of Appeal

The Africa Judges and Jurists Forum (AJJF) and the International Commission of Jurists (ICJ) today called on the authorities in Lesotho to guarantee the independence of the judiciary and to immediately take all legal and administrative measures necessary to make the Court of Appeal function as an independent and impartial highest judicial authority for the country. The call came as the AJJF and ICJ Conclude a 5 Day Fact Finding Mission to Lesotho which took place from 7 May to 12 May 2018.

The Complexity of Land Expropriation

THE case that initially sparked all the trouble involves a property developer and members of an extended family clan that used to live on the site where the development is taking place.

The disputed land lies in Ongwediva, part of Namibia’s remote, far north, an area where communal land rights are a hot issue and where the country’s ruling party has its stronghold. It’s also an area ripe for development.

Principles that Govern Matters of General Public Importance 

 

Kenya Plantation and Agricultural Workers Union v Kenya Export Floriculture, Horticulture and allied Workers’ Union (Kefhau) Represented By Its Promoters David Benedict Omulama & 9 oythers [2018] eKLR
Civil Application No. Sup. 5 of 2017
Court of Appeal at Nairobi
M. Warsame, W. Ouko & K. Murgor, JJA
February 23, 2018
Reported by Kakai Toili

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