jurisdiction

“Raging” debate on bail sorted by Tanzania’s highest court

When members of a country’s highest judicial forum speak of a dispute that is “raging” in the courts there, readers should take note. Obviously, something important is going on. In the case of Mwita Joseph Ikoh and two co-accused, that “something” is the issue of which court has jurisdiction to consider whether they may be given bail: the high court, or the specialised division of the high court that deals with corruption and economic crimes. Earlier this month the Court of Appeal decided the question – and the “raging” debate should now be settled.

Read the judgment on TanzLII

As the rest of Tanzania was getting ready for year-end celebrations in December 2017, six people in the Mwanza region found themselves in deep trouble. Instead of spending time at home over the holiday they were in jail, after being arrested in relation to drugs charges. The six now find themselves charged under the Drug Control and Enforcement Act with trafficking in “precursor chemicals”.

Villagers' water pollution case should be heard in UK not Zambia, court hears

A major case on the environmental and human rights of villagers in Zambia was heard in the English courts over two days this week. The appeal concerns the question of where villagers, suing over the pollution of their water via mining action, may bring their dispute. They want the case heard in the UK while Vedanta, the parent company they are targeting, says the “natural forum” for the matter would be Zambia.

FOR almost 2000 villagers in Zambia’s Chingola region, this was a crucial week. A two-day hearing in the English courts could see them finally able to act against the mining outfit they claim has, since 2005, polluted their water and damaged their health, their lands and any prospect of earning a living.

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