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.

Current contributors

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.

Resources

Channel content

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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PEN Report: Criminal Defamation is Used to Stifle Dissent in Africa

As far as journalists are concerned, criminal defamation is a serious problem hampering the media and undermining the watchdog role of journalists in many African countries. Typically, criminal defamation is used by political and business leaders in particular, to prevent journalists from investigating and writing about personal corruption, corruption in government departments or corruption in business.

Ugandan Judge Sues Attorney-General

The case, heard in the country’s constitutional court, came out of a settlement order finalized by the judge. One of the parties to that dispute was a government department, and when the agreed amount was due to be paid, the Public Accounts Committee of parliament ordered the judge to appear before it and justify his decision. When he refused to do so the parliamentary committee made a report against him that was adopted by parliament, “purporting to veto” his decision in the high court.

Judge faces impeachment over drunken misconduct - 11 years later

WHEN SA TV viewers saw the video footage they could hardly believe their eyes: high court judge Nkola Motata had driven his Jaguar into the wall of a private resident in Johannesburg. Not just that. He was obviously drunk and disorderly, swearing at those who arrived to deal with the situation and resisting arrest. That was in January 2007. Since then the judge has been on suspension, with full pay.

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