Judicial review

Another ‘No’ for Eswatini’s LGBTI community

A new judgment from Eswatini’s high court effectively supports a decision by the registrar of companies who refused to register an association called Eswatini Sexual and Gender Minorities. Two judges of the three-court bench held that the registrar’s decision had been properly made. In a dissenting decision, the third judge approached the question very differently.

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This case concerns Eswatini’s LGBTI community. Eagerly anticipated by both sides of the argument, it must have been something of a disappointment to all involved that judgment was delayed for so long.

Right at the start of the decision, however, there’s an apology seeking to explain why the matter, heard 18 months ago, was not handed down earlier.

Concerns over climate change stalemate court decision on UK financial support to Mozambique

A major decision by a senior UK court has split down the middle on whether that country should be financially backing a massive liquefied natural gas discovery in Mozambique. The case revolved around environmental questions and the climate change undertakings reached in terms of the 2015 Paris agreement. The Mozambique gas field is exceptionally rich and has the potential to catapult that country onto the list of the top five global suppliers of a growing international demand.

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The plan that has been approved is for the UK government to invest more than $1billion in the massive offshore gas project scheduled for Mozambique’s Rovuma Basin. It is said that this is one of the largest single financing packages ever offered by the UK government to a foreign fossil fuel project.

Zambian statesman Kenneth Kaunda ‘not an ordinary person’ – high court

The family of Zambia’s first president, Kenneth Kaunda, approached a high court judge with an application to set aside the government’s decision for a state funeral and a two-stage burial for Kaunda, who died in June. The judge, Wildred Muma, refused the application. Though most readers know that he said, as part of his decision, that Kaunda was ‘not an ordinary person’, little is known about the legal reasons he gave for rejecting the application.

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Judge Wilfred Kopa Muma, appointed to the high court in 2019, heard the matter in his chambers, even as preparations for the official burial in Embassy Park were being completed.

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