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Jul
15
2020

African Court tells Tanzania: your constitution violates basic rights

By Carmel Rickard

Africa’s premier regional court, the African Court on Human and Peoples’ Rights, has found that Tanzania’s constitution is in breach of the African Charter and other international law. This is because it provides that no one may test the results of Tanzania’s presidential elections in court. Tanzanian advocate, Jebra Kambole, brought the litigation in the African Court saying his rights under the African Charter had been violated. Finding in favour of Kambole’s application, the court ordered that Tanzania amend its constitution to remove this violation.

Disclaimer: The judgment of the African Court on Human and Peoples’ Rights in this matter was read out, online, by the court on Wednesday this week, one of three decisions delivered that day. The judgment delivered in this case has not yet been placed on the court's website. The video link has also not yet been posted, even though the links for the other two judgments of that day have been placed on the court's YouTube page. However, I taped, watched and listened to the delivery of the decision in this matter as it was being handed down.

Jul
15
2020

Preserve your independence, court urges Namibian election commission

By Carmel Rickard

A full bench of Namibia’s high court has found that the country’s electoral commission acted unlawfully when it removed certain approved names from the list of candidates supplied by a political party and allowed other party members to replace them and be sworn-in, instead. Two members of Namibia’s Popular Democratic Movement brought the application when the electoral commission permitted a number of PDM members, not on the PDM list approved by the electoral commission before the polls, to replace those who had been approved by the commission.

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Though it might seem to some a petty issue, brought by candidates irritated with being sidelined from the National Assembly at the last minute, this is a case that goes right to the heart of what constitutes a democratic election. And the proper course for an electoral commission to adopt in order to be – and to be seen to be – independent.

Jul
13
2020

Copyright & A2K Issues - 13 July 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:

Parliament can uphold the Constitution by passing the Copyright Amendment Bill — again

https://bit.ly/2Zp62jS

Actors dealt a blow as president sends two bills back to Parliament

https://bit.ly/2ZmPfxx

June 16 2020: A Sad Day for South African Youth

http://infojustice.org/archives/42438

 

Jul
08
2020

High Court in Zimbabwe orders woman be recommended for Mvuthu chieftainship vacancy

By Carmel Rickard

When their chiefly father died leaving only three daughters, the eldest of them, Silibaziso Mlotshwa, might have seemed the obvious choice to succeed to the Mvuthu chieftainship. But instead her uncle, Saunders Mlotshwa, got the nod from the government's district administrator. This followed a meeting of the Mlotshwa men at which they said a female chief ‘would be an insult’. Now, however, the high court in Bulawayo has ordered that the administrator propose the daughter’s name for the vacant position.

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After the death of Zimbabwe’s Chief Nyangayezizwe Mvuthu Mlotshwa, the meeting called to discuss his successor turned into something else: it became an opportunity for local men to express strong views against women in positions of traditional leadership.

Jul
08
2020

Man, criticised by court for not being open about his wealth, leaves divorce empty-handed

By Carmel Rickard

A man who walked out of his family home 20 years ago, after having a number of affairs and giving his wife an incurable sexually-transmitted infection, has emerged empty-handed from their divorce. This, after the high court ruled that he had made no contribution to the support of his family since he quit the matrimonial home. The man had demanded half of the house in which his now former wife lived, even though he is a well-to-do international business man.

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It all started out well for the couple when they married 40 years ago. But things changed dramatically. 

After 17 years together, the man ‘deserted the matrimonial home’ and they have not lived together since then. Some years ago, he made two starts at divorce, but when it became clear that the wife would file a counter claim the man ‘developed cold feet’, said Harare high court judge Alphas Chitakunye. 

Jul
08
2020

Congratulations to Namibia on its achievements in preventing human trafficking

By Carmel Rickard

Namibia has become the only African country to make it to the world’s top-ranking list, ‘Tier 1’, in the fight against human trafficking. This has brought the number of countries worldwide, recognised as Tier 1, to 34 in 2020. Countries at this level have fully met the international standards for the elimination of human trafficking.

The 2020 Trafficking in Persons Report, put out every year by the US Department of State, ranks countries in terms of the work they have done to eliminate trafficking. Although reaching Tier 1 does not mean that trafficking is no longer a problem in a particular country, it does indicate that the country concerned has spent considerable energy and resources to deal with it. With the release of the report, US ambassador to Namibia, Lisa Johnson, paid tribute to Namibia’s work on the issue.

Jul
07
2020

Court slams father's attempt to avoid maintenance for his daughter, 6

By Carmel Rickard

An apparently wealthy property owner, politically well-connected and a major player in Zimbabwe's guest accommodation industry, is in trouble with the Harare high court. That's because he has been doing all he can to make sure his 6 year old daughter does not get the maintenance the mother says she needs. The man - unnamed to protect the child's identity - 'divested himself of assets' to defeat the mother's claim for a maintenance increase. He formed a trust to which he donated all his income-generating properties.

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This is the story of a particularly distasteful attempt by an apparently wealthy, well-connected and influential property owner in Zimbabwe, to avoid paying reasonable maintenance for his six-year-old daughter. (He is not named here or in the judgment, to protect the child’s identity.)

Jul
03
2020

Directors beware! The court declares Dudu Myeni (former SAA Chair) a Delinquent Director

By Fasken

It is a common principle within South African company law that a company is managed by its board of directors (“Board”). The Board bears the responsibility for the functioning and management of the company and is ultimately accountable for the performance thereof. However, the Board’s collective responsibility does not exclude the individual responsibility and liability of each of the directors.

It is a common principle within South African company law that a company is managed by its board of directors (“Board”). The Board bears the responsibility for the functioning and management of the company and is ultimately accountable for the performance thereof. However, the Board’s collective responsibility does not exclude the individual responsibility and liability of each of the directors.

Jul
01
2020

Uganda's Chief Justice Bart Katureebe retires, heads for his 'village'

By Carmel Rickard

One of the most recognisable of Africa's Chief Justices - partly because of his height - Bart Katureebe, has retired on reaching 70, the mandatory age for judges to quit in Uganda. The former Chief Justice had a wide-ranging career before becoming a member of Uganda's Supreme Court, and his legacy includes introducing an electronic case management system for the country.

A number of respected senior judges around the region end their terms of office this year. The most recent of them is Uganda’s Chief Justice, Bart Katureebe who retired on 20 June, 2020.

Jul
01
2020

Namibian President must sign affidavit on exercise of his ‘formidable powers’ – high court

By Carmel Rickard

A full bench of Namibia’s high court has found certain of the country’s Covid-19 regulations unconstitutional and invalid. These include regulations aimed at preventing employers from dismissing staff or from forcing them to take leave during the pandemic. The decision made clear to the Namibian authorities that, even during an emergency situation like the present, the constitution must be respected.

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The wide-reaching application was brought to the Namibian high court by seven employers or employer organisations. They lined up 11 respondents ranging from the President of Namibia and some of his top cabinet ministers through to the country’s union bosses.

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