Covid-19

Courts should not give up their position as ‘last resort protection’ under COVID-19 regulations

Courts should beware of giving up their role of protecting fundamental rights during the COVID-19 pandemic, according to Tim Fish Hodgson, legal advisor with the International Commission of Jurists, Africa. Interviewed online on how COVID-19 regulations were impacting on socio-economic rights wordwide, he said that in many countries, courts were no longer as willing to consider cases involving infringements of rights. They took the view that, under an emergency situation, judges 'need to defer'.

Download the interview

In a new online interview, the International Commission of Jurists, Africa, legal advisor, Tim Fish Hodgson has warned of a developing trend among judges in many parts of the world under the current pandemic.

Changes to Dispensing Regulations pertaining to certain Schedules of Medicines during COVID-19

On 7 May 2020 the Minister of Health published a Government Notice (Gazette No 43294, Notice no. 514) relating to the dispensing of Schedule 2, Schedule 3 and Schedule 4 substances during the COVID-19 Pandemic.

According to the Notice, Schedule 2, Schedule 3 and Schedule 4 substances are excluded from certain provisions of the Medicines and Related Substances Act, No 101 of 1965 (“Medicines Act”) in so far it relates to the requirement in Section 22A(6)(f) that such substances may be dispensed for no  longer than six (6) months.

Malawi case flags growing threats to human rights, role of African Court

Almost every country in the world is experiencing a narrowing of peoples’ rights and freedoms because of government restrictions imposed in the name of fighting the Covid-19 pandemic. But will these governments willingly give up their new powers as the contagion eases? And if not, where should the people of a state look for help, if their own courts uphold these infringements of fundamental rights? In Africa, the African Court on Human and Peoples' Rights would be the court to adjudicate serious rights issues like these.

Judgment of Supreme Court, Malawi, awarding costs against Charles Kajoloweka

Ruling by African Court on Human and Peoples' Rights on jurisdiction to hear Kajoloweka matter and staying enforcement of Malawi's order

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