review

Judge concerned about 'overcriminalisation' of teenage sex

Many teenagers are sexually active but, in its efforts to protect children and vulnerable young people, the law is not always able to act appropriately in response. A significant new decision from the high court in Malawi raises the issue squarely and, in a section headed, ‘Overcriminalisation of factually consensual sexual intercourse’ suggests that South Africa, among others, might have found a suitable approach for the law to take.

Read judgment

Malawi’s high court judge Vikochi Chima has been reconsidering a case in which Charles Gondwe, charged with ‘defiling’ a girl a couple of years his junior, was acquitted. (‘Defiling’ is the term used in Malawi for rape of a child.)

World Mental Health Day highlights shackling, inadequate court response

Just as Human Rights Watch issued its horrific report on the shackling of people with mental illness in many countries around the world, so an equally horrific case has emerged in Namibia. The report and the case show that there is a great deal still to be done to sensitise ordinary members of communities round the world – and, sadly, this includes magistrates, whom one might expect to know better – about how to respond to mental illness and what the law and the constitution require in such cases.

No protection in Zim for pangolin, alleged trigger of world's coronavirus pandemic

Scientists increasingly believe that pangolin meat might have been part of the trigger for the deadly coronavirus. In this case the pangolin would have been bought in a typical Chinese market where illegally obtained wildlife has been an everyday element. But though that news has given new impetus to wildlife protection, it turns out that there is no proper legal protection for the pangolin in Zimbabwe.

Read judgment

Just as the whole world discovers that pangolin meat could have triggered the coronavirus pandemic sweeping the globe, it has emerged that Zimbabwe’s legislation offers no real protection for the species.

Pages

Subscribe to RSS - review