recusal

Laptop left on, so private conversation in judge's chambers heard in courtroom

This is a case that offers a warning lesson to every reader, judge, counsel and litigant. And it is particularly relevant to everyone struggling to come to terms fully with the ways that the coronavirus pandemic affects the practice of law. The UK judge at the heart of this matter was dealing with a difficult case of possible child abuse arising from the death of a baby, and had to decide what arrangements should be made for the care of the remaining child.

Read judgment

The case before Judge Frances Judd was a very sensitive and distressing family matter. A, the older of two young children in a family, had died aged 18 months from what the court heard was ‘a catastrophic head injury accompanied by significant bruising.’ What was to happen to the younger brother, E, now aged 16 months? Was it safe for him to stay with his mother?

Namibian paralegal's 'naked failure' to be admitted as attorney

A Namibian paralegal is rapidly notching up entries in the index of his country's law reports. In May alone, Alex Mabuku Kamwi featured in two decided cases. In one he was given leave to appeal because of a recusal issue. In the other he tried, a fourth time, for admission as an attorney - only to meet with what Judge Thomas Masuku called, a 'naked failure'. This was because the qualifications on which he bases his fight for admission are not recognised for this purpose by the Namibian law.

Read judgment in Kamwi v Standard Bank

Read judgment in Ex parte, Kamwi

While the difficult question of recusal continues to plague courts in the region, a most bizarre case raising the matter has emerged in Namibia.

Tanzanian judges: nowhere to hide under-performance

A new electronic system intended to promote citizens’ rights to access justice and introduced in Tanzania a few months ago, will allow anyone to read decisions almost immediately after delivery. The country’s Chief Justice explained how the system worked to newly-appointed judges at the start of their induction training in Dar Es Salaam this week. In addition to e-filing, the new system will see judgments loaded onto TanzLII immediately they have been handed down.

Tanzania’s judicial leadership has found a new way of keeping up to date with decisions by all members of the bench. As part of a commitment to using technology for improving court efficiency, all judgments will be loaded into the Tanzania Legal Information Institute – TanzLII – section of Tanzania’s judiciary website, immediately they are delivered. That means decisions of Tanzania’s judges will be freely available to the public as well as to judicial leaders for performance appraisal, virtually as they are handed down.

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