ouster clause

African Court orders Malawi to compensate victim of oppressive pre-democracy laws

A judgment of the African Court has brought the promise of justice to a Malawian family, victim of the country’s one-party, undemocratic and often brutal past, and that has been unable to obtain redress through Malawi’s own courts.

Read judgment

 

The long-term impact of Malawi’s brutal and undemocratic past has been highlighted by a recent decision of the African Court on Human and Peoples’ Rights.

Warnings offered by Zambian land expropriation case

As South Africa moves towards more stringent laws to allow expropriation of property without compensation, cases in other parts of the region show the pitfalls of expropriation even where compensation is paid. A new case from Zambia’s apex court concerns land expropriated from a farmer, ostensibly for development in the public interest. It turned out, however, that fraud was involved and that after a long period in which nothing was done with the land, it was sold off – at one stage for the development of a luxury hotel and golf course.

Read judgment

This is an extraordinary case in many ways. The contested expropriation took place 33 years ago. And this judgment represents the sixth time a court has considered related issues - despite the relevant law saying that once an appeal court has decided the matter it can go no further. At 136 pages, the judgment is also extraordinarily long.

Pages

Subscribe to RSS - ouster clause
x123xx