Constitutional Court

Majority of Zambia's constitutional court: We are bound by this high court decision

When the constitution sets a minimum education level for members of parliament, what should be done about a candidate, accepted for nomination to parliament and ultimately voted in, who turns out not to have satisfied the requirements? Five judges of Zambia’s constitutional court split on this significant question, leaving the MP concerned, Lawrence Nyirenda, safely in his place.

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Zambia’s constitutional court, last word on all constitutional matters, has been considering an application brought by a former member of the military and a member of Zambia’s diplomatic corps, Bizwayo Nkunika.

Religious freedom the winner in Zim school flag salute dispute

Attempts to establish a compulsory daily ceremony for schoolchildren to salute the national flag have come unstuck in Zimbabwe. The education authorities intended the ceremony to ‘inculcate patriotism’ and other values, according to the justification their lawyers argued before the constitutional court. But not everyone was impresssed.

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When Zimbabwe’s schoolchildren get back to their books this year, Covid permitting, they will not have to recite a government-approved pledge, intended to inculcate patriotic feelings in the young.

Lesotho amnesty deal unconstitutional – apex court

Relatives of people murdered allegedly on the orders of prominent politicians in Lesotho have gone to court to challenge a new agreement brokered by the Southern African Development Community (SADC). Under this agreement, all parties have been urged to join talks on the way forward for the country, and those now in exile out of fear of being charged with murder and other crimes, have been assured no action would be taken against them if they returned for the talks.

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When Lesotho’s squabbling political parties bound themselves to a talk-shop, what – if anything – were the legal implications of that agreement? This question has become crucial in Lesotho, and it is made more complex by the fact that the idea of serious negotiations comes from the Southern African Development Community (SADC). Since SADC’s involvement is hardly a secret, what standing does any agreement related to the negotiations have in international law?

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