Constitutionalism

Namibian President must sign affidavit on exercise of his ‘formidable powers’ – high court

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.

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The wide-reaching application was brought to the Namibian high court by seven employers or employer organisations. They lined up 11 respondents ranging from the President of Namibia and some of his top cabinet ministers through to the country’s union bosses.

Police officers cannot escape responsibility for rights abuse by citing ‘higher orders’ – Ugandan court

A judge of Uganda's high court has ruled that individual members of the police and other security forces may not rely on 'higher orders' or claims that they were waiting for orders 'from above', to justify human rights violations. Judge Margaret Mutonyi ordered significant damages as compensation to a number of applicants after she found police had abused their rights. In one of the two applications she dealt with, a number of people were unlawfully arrested and detained for participating in a legal protest against the raising of Uganda's presidential age limit.

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It would be difficult to overstate the potential importance of a case just decided by the High Court in Uganda. More than a dozen applicants went to court against a number of police officers and the Attorney-General. Originally two separate matters, the applications were joined by the High Court judge presiding, Margaret Mutonyi, who said they raised similar issues.

Suspension of Lesotho's parliament 'irrational', 'unlawful' - court

It was a transparent attempt to avoid a vote of no-confidence by parliament, hiding behind a claim to be protecting MPs from Covid-19. And now the controversial Prime Minister of Lesotho has had his come-uppance from the country’s high court which ruled his prorogation of parliament was invalid. Just another blow for the soon to be ex-PM, Thomas Thabane, a man under suspicion of involvement in the murder of his estranged second wife. Just how soon is far from clear, however, with defiant Thabane saying he will choose how and when to make his exit. 

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The latest drama in the increasingly sensational career of Lesotho’s Prime Minister, Thomas Thabane, began on the night of Friday 20 March when he issued a legal notice proclaiming that he had prorogued parliament.

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