constitution

Judicial independence infringed when Uganda's Chief Justice has to 'plead' for funds - constitutional court

Uganda’s constitutional court has found that the independence of the country’s judiciary is in jeopardy because of the way the budget of this arm of government is handled. In one of its most significant decisions under the present constitution, the court said the system made the judiciary very much the junior branch in the three arms of government, and often reduced the Chief Justice ‘to pleading for funds from the executive’.

Read judgment

In this landmark case the Uganda law society made an alarming claim: the country’s executive and legislature had failed to help the judicial arm of government take its rightful place under the constitution. In doing so, they undermined the independence of the judiciary.

Citing separation of powers, Lesotho court refuses to order that national assembly vote on no confidence debate by secret ballot

Attempts by two MPs to bypass an investigation into possibly holding secret ballots in the Lesotho National Assembly have come unstuck: the High Court has rejected an application by the duo for the court to order that a no confidence ballot against the Prime Minister be held by secret ballot, saying this had to be decided by the assembly itself.

Read judgment

Two members of Lesotho’s national assembly have brought a constitutional application to the high court, wanting the court to rule that a secret ballot could be used when a resolution of no confidence in the government is debated.

Kenyan court rules presidential power to hold under-age offenders in prison indefinitely is unconstitutional, orders prisoner released at once

A Kenyan high court has declared that rights given to the head of government to detain certain convicted prisoners ‘at the pleasure of the president’ are unconstitutional. This is because the court found these powers usurp the power of the courts. But the case was not just a theoretical exercise; it concerned a very real matter in which a prisoner, convicted of a crime that attracted the death penalty at the time, was sentenced to jail ‘at the pleasure of the president’ because he was under age. That was well over 16 years ago.

Read judgment 

Known only by his initials, JMR, the man at the centre of this case, had been virtually forgotten as he languished in prison for an indefinite term.

Then he brought a challenge to the unthinkable situation in which he found himself.

Pages

Subscribe to RSS - constitution