constitution

Land commission reversed after “monumental, unmitigated” breach of natural justice

LAND issues are causing storms in many African countries as politicians, courts and ordinary people struggle to work out a just solution to problems of land ownership. While in Uganda the issue of how the judiciary handles land issues is currently causing a spat between judges themselves, in Kenya a new decision has seen the National Land Commission thoroughly trounced by the high court because of the way it has handled a matter.

 

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THE case, brought by the Kenya Reinsurance Corporation (KRC), puts the spotlight on a decision by the National Land Commission, with the court ultimately holding that the commission violated the rules of natural justice and that its decision has to be set aside.

Zimbabwe victims of SA’s banking woes in novel relief bid

SA’s corruption woes are casting long shadows across the whole region. Highly improper decisions to “invest” in two discredited SA financial outfits, VBS Mutual Bank and Mamepe Capital, have led to the demise of a Namibian bank intended to provide banking facilities for Namibia’s small businesses and disadvantaged communities. The insolvency of the bank has in turn hit its two minorities shareholders, both from Zimbabwe. Lawyers for the Zimbabwe shareholders have tried, unsuccessfully, to persuade Namibia’s highest court not to wind up the bank.

* This article first appeared in Legalbrief

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Top judges of world’s largest democracy strike down anti-gay sex law

INDIA’S highest court has struck down the country’s anti-gay sex law as unconstitutional. The decision, widely welcomed as conforming to a modern understanding of constitutionality and rights, was the result of India’s highest court, the supreme court, reconsidering the validity of Section 377 of the Indian Penal Code. The judgment, likely to be hugely influential worldwide, followed a 2013 decision of the same court when two judges upheld the Code. Earlier this year, however, the supreme court decided to revisit the issue, but with a larger bench.

FIVE judges of India’s supreme court, including the chief justice, heard the challenge to Section 377 of the Indian Penal Code in July this year, and since then their decision has been eagerly anticipated.

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