Constitutionalism

Constitution 'is the boss', Lesotho judge tells police

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.

Read judgment

Tsolo Tjela is an unlikely candidate for police assault and brutality. At 51, he is solid citizen of Lesotho and chairs the Ha Likhotolo Village Crime Prevention Committee in the district of Mafeteng.

Article 8363

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.

Read judgment

Rude comments are the stuff of politics in Kenya, but they are also likely to stir anger and even violence. That seems to be one of the reasons that Kenya’s National Cohesion and Integration Commission, set up to prevent ethnic conflict, keeps a sharp lookout for remarks that could be regarded as ‘hate speech’.

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.

Read judgment

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.

Pages

Subscribe to RSS - Constitutionalism