Covid-19

Court finds against ‘back door emergency’ in Malawi

A constitutional court in Malawi has delivered an unequivocal condemnation of that country’s Covid-19 lockdown regulations. In its decision last week, the three judges found that the rules were unconstitutional as they were made in terms of a law that did not permit such rules to be made. They also criticised the government for imposing a lockdown without concern for the poor of Malawi who would not have access to food and other essentials if they could not leave their homes.

Change company law to allow virtual AGMs, Uganda high court urges

The high court in Uganda has urged that the government change the law to make it easier for businesses to hold their annual general meetings online, or via a mixture of a physical and electronic meeting. This is to take account of the restrictions on gatherings, due to Covid-19, imposed by the government on the one hand, and, on the other, the legal requirement that companies must hold AGMs. For the last few months in Uganda, individual companies have been coming to court asking for judicial authorisation to hold electronic meetings.

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It is not often that a judge’s obiter remarks are the most significant part of a decision – after all, the whole point of flagging remarks as ‘obiter’ is to indicate that they are made merely in passing. But the case of Uganda Clays, heard by Judge Ssekaana Musa and with judgment delivered on August 17, might just be the exception that proves the rule.

Parents dispute paying private school fees during lockdown

Parents of children at a private school in Kenya have won an interim high court order in what promises to be a significant constitutional dispute related to Covid-19. The parents say they should not have to pay full fees for the third term of the 2020 school year and that the school may only charge for the services offered, namely for ‘virtual class or digital calls’.

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The parents who brought the action against the Sabis International School, Kenya, first asked for an order that would keep their names confidential in order to protect the identities of their children. They are thus to be known as ‘SPG’. Given this order by the court, it is not possible to tell how many parents are involved in the legal action against the school.

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