A judge in Malawi has found himself in the unusual position of having to consider a colleague’s complaint, made before him in litigation, that the other judge had been unfairly passed over for appointment to a higher court.
Lesotho’s October 7 election date suddenly appears at risk. The date was announced by the country’s Independent Electoral Commission in July, but a new decision of the constitutional court has found that the delimitation of 20 constituencies doesn’t pass constitutional muster, because the range in voter numbers is larger or smaller than the 10% variation constitutionally prescribed. The decision, delivered on August 8, puts the IEC under enormous pressure and it might not be possible to redraw constituencies in time for the elections. This is particularly so since it will not be a question of just adjusting the 20 voter boundaries: tinkering with any boundary will necessarily also affect even those constituencies that are now compliant.
When President Edgar Lungu lost the elections in Zambia in August 2021, one of the members of his party who was re-elected as an MP was Joseph Malanji, a former foreign minister. But that re-election was disputed by a rival for his seat who claimed Malanji did not meet the criteria because he did not have a grade 12 certificate, a requirement for election. The high court decided that the election was not valid. Malanji then appealed and the constitutional court of Zambia has now given its decision on the matter.
Kenya’s high court stepped in, just days before that country’s presidential polls of 9 August, to overturn a decision of Kenya’s Independent Electoral Boundaries Commission, the body that runs elections. The commission had decided to bar the use of printed registers of voters as a backup to the electronic system by which the elections will be run. That decision was contained in a letter that the commission had written to one of the contending parties. The judge found that the decision violated the constitution because some voters could be refused the right to vote if they weren’t identified due to a malfunction of the technology, and declared that the decision, contained in the letter, was null and void.
As tensions rise in many African countries over inadequate service delivery and development, Kenya’s Baringo County administration is being asked to explain its advert for 600 new posts. Human rights activist, Isaiah Biwott, has successfully argued that the constitutional court should grant an interim interdict preventing the county from going ahead with interviews for more than 600 new staff. Biwott said that the constitution and other legislation caps the percentage of a county government’s total revenue that may be spent on wages at 45%, and that the county would be way over that limit if the proposed posts were filled. The money should be spent on development instead of an inflated wage bill, he said.