Constitutionalism and Human Rights

This channel aggregates information on constitutionalism, constitution-making, constitutional reform, human rights and democracy issues in Africa. We curate and feature legal developments, caselaw and legislation, scholarly commentary, blogs, and columns.

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Carmel Rickard

Legal Columnist.
Editor in Chief of the Newsletter of the Judicial Institute for Africa at UCT

Since she began working as a journalist in 1981, Carmel Rickard has specialised in writing about legal affairs. She has won widespread recognition (local and international) as well as a number of awards for her work, and in 1992/3 was awarded a Nieman Fellowship to Harvard.

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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.

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.

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

Dismissal of cases that raise issues of breach of fundamental rights and freedoms at an interlocutory stage

Republic v Benjamin Jomo Washiali, Majority Chief Whip, National Assembly & 4 others Ex-parte Alfred Kiptoo Keter & 3 others [2018] eKLR
High Court at Nairobi
Miscellaneous Civil Cause No. 706 Of 2017
G V Odunga,J
February 26, 2018.
Reported by Kakai Toili

 

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