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Nov
18
2020

Senior African judge wins second term on top world court

By Carmel Rickard

Justice Julia Sebutinde of Uganda is set for a second term on the UN’s International Court of Justice, one of a 15-member bench drawn from jurists round the world. She had faced competition for the slot from contenders put up by Nigeria, Croatia and, because of tensions between the two countries, from Rwanda as well. Justice Sebutinde has extensive international and African experience. She is regarded as probably Africa's most senior woman judge, and her re-appointment last week was widely expected.

Justice Julia Sebutinde from Uganda has been confirmed for a second nine-year term on the International Court of Justice. She joined the United Nation’s ICJ in February 2012, becoming the first African woman on that bench.

Nov
14
2020

Copyright & A2K Issues - 14 November 2020

By Denise Nicholson

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 k

 

Intellectual Property:

Analysis of Woods and Myburgh Comments on Copyright Amendment Bill (CAB) (South Africa)

https://digitalcommons.wcl.american.edu/research/55/

Copyright Law and the Creative Industries

http://infojustice.org/archives/42753

Unscrewing the future: the right to repair and circumvention of software TPMs in the EU

Nov
12
2020

SADC unlawfully terminated Malawi judge's contract - Tribunal

By Carmel Rickard

After the disappointing, politically expedient demise of the Southern African Development Community Tribunal, a new decision by its replacement Southern African Development Community Administrative Tribunal (Sadcat) shows how a top staffer of the defunct body was leaned on by SADC to make him go quietly. But SADC reckoned without the determination of Judge Charles Mkandawire, someone who has shown his mettle in contentious cases heard in his home of Malawi.

Read judgment

The applicant in this important case decided by the Southern African Development Community Administrative Tribunal was Judge Charles Mkandawire. He is a Malawian and was a member of the SADC Tribunal in its glory days when, based in Windhoek, it gave notice, by its work and brave decisions, that it was determined to ensure justice for all the parties that appeared before it.

Nov
12
2020

Seychelles: new Chief Justice announced, sworn in

By Carmel Rickard

Supreme Court judge, Ronny Govinden, has been appointed as Chief Justice of Seychelles and was sworn in on November 9.

The new Chief Justice of Seychelles, Justice Ronny Govinden, has been a judge since 2017 and sits in both the criminal and civil divisions of the Supreme Court. His path to office began when he was called to the bar of Seychelles in 2000. Later he moved to the office of the Attorney General and from 2008 to 2017 he served as his country’s Attorney General.

Nov
11
2020

Constitution 'is the boss', Lesotho judge tells police

By Carmel Rickard

Respect for individual rights and the Rule of Law is collapsing in several states in this region – Zimbabwe being a prime example. So it is a welcome relief to find a decision by a high court judge that is dedicated to the preservation and protection of constitutional values. The judge concerned, Sakoane Sakoane of Lesotho’s high court, had some powerful words of warning for the police after finding that they had attacked and assaulted a man for no acceptable reason.

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Tsolo Tjela is an unlikely candidate for police assault and brutality. At 51, he is solid citizen of Lesotho and chairs the Ha Likhotolo Village Crime Prevention Committee in the district of Mafeteng.

Nov
06
2020

A LIFE LIVED TO UPHOLD THE PROMISSORY NOTE CALLED THE CONSTITUTION

By Key Dingake

This tribute records and celebrates the extraordinary life of a US Supreme Court Justice I held in high regard, and who, as law reports will show, has contributed immensely to a better world for all.

Her life was a quintessential cause for celebration. It was a life well lived, with total dedication to the cause of justice, and gender justice in particular. In penning these tributes my hope is that we, the servants of the law, and indeed ordinary members of the public, can draw appropriate lessons. I hope my daughters, and yours, can find further inspiration in the life of this extraordinary Justice.

Nov
05
2020

Freedom of speech supports good governance says President of Sierra Leone

By Carmel Rickard

Things are looking up for the media in Sierra Leone. For decades journalists have been harassed by a colonial-era law that created the offence of criminal libel. And as recently as four months ago this section was used against a journalist and publisher who spent 50 days in detention before being freed on bail. Then, last week, the country’s President, Julius Maada Bio, signed the death certificate of the section used against the media, a step already begun in July when some members of parliament repealed this part of the law.

When Sierra Leone’s president, Julius Maada Bio, delivered the final blow to his country’s long outdated Public Order Act last week, he also took a strong step towards entrenching free speech and creating a vital, free media.

Nov
05
2020

More than 20 Kenyan laws nullified after National Assembly disregards Senate

By Carmel Rickard

As the still-unresolved fight over the number of women in Parliament shows, Kenya’s constitution is very much a work in progress, with continuing disputes over what its text means exactly and how seriously to take clauses that some parties dismiss as merely ‘aspirational’. The latest case to be decided by the courts on gaps or possible ambiguities in the constitution concerns the very serious question of how the Senate and the National Assembly must relate to one another.

Read judgment

The idea that one of the two houses of a country’s Parliament should sue the other is almost unthinkable – until you realise that this is Kenya, where the meaning of much of the Constitution is still to be interpreted.

Nov
03
2020

Copyright & A2K Issues - 3 November 2020

By Denise Nicholson

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:

Openness is a Human Rights Issue: Copyright Amendment Bill and Access to Educational Materials in South Africa

https://bit.ly/2TN5AYK

The Domestic Effect of South Africa's Treaty Obligations: The Right to Education and the Copyright Amendment Bill

https://digitalcommons.wcl.american.edu/research/61/

Oct
30
2020

International honour for Malawi’s judges

By Carmel Rickard

When five of Malawi’s judges overturned that country’s presidential elections in 2019 because of 'grave irregularities', it seemed a brave and startling thing to do. Their decision led to fresh elections and then to a change in government. Now it has also caused them to win an international award, the Chatham House Prize, given to those the institute feels have made the most significant contribution to improved international relations.

It was no small thing that they did: when five Malawian judges overturned the 2019 presidential elections on account of ‘widespread, systematic and grave irregularities’ they knew the risks; on the day they delivered their judgment they came to court with an armed escort and wearing bullet-proof vests.

Announcing the award that is to be given to the judges, Dr Robin Niblett, director of Chatham House said that their ruling was ‘unprecedented in a country where past elections have been marred by irregularities, electoral fraud and violence.’

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