Constitutionalism

Respect for individual rights and the Rule of Law is collapsing in several states in this region – Zimbabwe being a prime example. So it is a welcome relief to find a decision by a high court judge that is dedicated to the preservation and protection of constitutional values. The judge concerned, Sakoane Sakoane of Lesotho’s high court, had some powerful words of warning for the police after finding that they had attacked and assaulted a man for no acceptable reason.

Bail for arrested government critics and others is becoming an increasingly common legal issue in countries of the Southern African Development Community. But a new decision from Kenya’s high court, written by Judge Joel Ngugi, is a model of how the problem should be approached. He was faced with a magistrate’s decision to approve the continuing detention of government critic Oscar Sudi, against whom no charges, not even so-called ‘holding charges’, had yet been formulated.

A full bench of Namibia’s high court has found certain of the country’s Covid-19 regulations unconstitutional and invalid. These include regulations aimed at preventing employers from dismissing staff or from forcing them to take leave during the pandemic. The decision made clear to the Namibian authorities that, even during an emergency situation like the present, the constitution must be respected.